HERBERT H. HUTNER, APPELLANT,
v.
LOUIS DENBERG, RONALD ROSE AND JULIE HUTNER, APPELLEES
HERBERT H. HUTNER, APPELLANT,
LOUIS DENBERG, RONALD ROSE AND JULIE HUTNER, APPELLEES
124 So. 2d 503
Florida District Court of Appeal, Third District (1960)
Positive Treatment
Cited by 3 cases
Opinion of the Court
This is an interlocutory appeal from a post-decree order entered in a mortgage foreclosure suit. The limited record presented here does not disclose error in the order appealed from. See Kelly v. Kelly, Fla.1954, 75 So.2d 191, 193; Frank v. Jensen, Fla.App.1959, 114 So.2d 331, 332; Greene v. Hoiriis, Fla.App.1958, 103 So.2d 226, 227-228.
Affirmed.
HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hutner v. Denberg, 129 So. 2d 140 (Fla. 1961)…Certiorari denied without opinion. 124 So. 2d 502; 124 So. 2d 503.…
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Platt v. Mannheimer, 149 So. 2d 538 (Fla. 1963)…default or is lessor’s recovery limited to the liquidated damage provision of the lease?” I have decided that I can do no better than adopt as my own the excellent dissenting opinion prepared by Associate Judge Odom which will be found in Fla.App., 124 So. 2d 503. I might add that it does not comport with my concept of justice that a lessor should, upon default on the part of the lessee, be permitted “to have his cake and eat it too.” Moreover, men who are sui juris and deal at arms length should, in the ab…
Authorities Cited
- NIX v. Lake W. Koontz, 103 So. 2d 226 (Fla. 2d DCA 1958)
- Thames v. Euna Creech Thames, 75 So. 2d 191 (Fla. 1954)
- Nida Ellen Kelley v. Kelley, 75 So. 2d 191 (Fla. 1954)
- Frank v. Jensen, 114 So. 2d 331 (Fla. 3d DCA 1959)