DANIEL JESSUP, APPELLANT,
v.
COWGER & MILLER MORTGAGE COMPANY, INC., APPELLEE
DANIEL JESSUP, APPELLANT,
COWGER & MILLER MORTGAGE COMPANY, INC., APPELLEE
505 So. 2d 687
Florida District Court of Appeal, Third District (1987)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellee concedes that the trial court’s reservation of jurisdiction to award a deficiency was not prayed for in its original complaint and that the reservation was improper. In light of the concession, we strike from the final judgment the reservation of jurisdiction to award a deficiency judgment and, as modified, affirm.
Affirmed.
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Weston Orlando Park, Inc. v. Fairwinds Credit Union, 86 So. 3d 1186 (Fla. 5th DCA 2012)…foreclosed is excessive or insufficient to satisfy liquidated amount set out in final decree). On remand, the trial court shall strike the reservation of jurisdiction on the promissory note counts. See generally Jessup v. Cowger & Miller Mortg. Co., 505 So. 2d 687, 687 (Fla. 3d DCA 1987). AFFIRMED in part; REVERSED in part; and REMANDED. ORFINGER, C.J., PALMER and COHEN, JJ., concur.…