E. E. ADAMS, APPELLANT,
v.
WILLIAM WOLF, APPELLEE
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The Florida Supreme Court affirmed a lower court's decree but remanded the case for reformation of the decree's form. The court found the decree too broad in its terms regarding the execution of mortgage and promissory notes.
The decree was too broad in its terms. The cause should be remanded to reform the decree to generally state the character of the mortgage and promissory notes to be executed, rather than prescribing their exact form.
“there is no erro'r in the said decree except as to the form thereof.”
Establishes the court's finding that the decree was largely correct but needed modification in form.
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Join FLexlaw to unlock all legal intelligenceThe case was submitted to the Florida Supreme Court on the record of a decree, briefs, and arguments. The court reviewed the decree and found it to be…
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—This cause having heretofore been submitted to the Court upon the transcript of the record of the decree herein and briefs and argument of counsél for the respective parties, and the record having been seen and inspected, and the court being now advised of its judgment to be given in the premises, it seems to the court that there is no erro'r in the said decree except as to the form thereof. The decree is broader in its terms than is warranted by the prayer for relief, and upon re*143maud of the cause should be reformed so as to state in general terms the character of mortgage and promissory notes to be executed by the complainant without undertaking in the final decree to prescribe the exact form thereof, that being a matter to be settled by the court by a later order in the event that what the complainant shall undertake to do in accordance with the decree is not satisfactory to the defendant. It is therefore considered, ordered and decreed by the court that the said decree o'f the Circuit Court be and the same is hereby affirmed in all respects except as hereinbefore mentioned, and that the cause be remanded with directions to correct the decree in the particulars hereinbefore specified.
Affirmed.
Whitfield, P.J., and Terrell and Davis, J.J., concur.
Buford, C.J., and Ellis and Brown, J.J., concur in the opinion and judgment.
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