EDWIN WEINTRAUB, AS EXECUTOR OF THE ESTATE OF ZIPPORAH WEINTRAUB, DECEASED, APPELLANT,
v.
LOUIS WEINSTEIN, APPELLEE
EDWIN WEINTRAUB, AS EXECUTOR OF THE ESTATE OF ZIPPORAH WEINTRAUB, DECEASED, APPELLANT,
LOUIS WEINSTEIN, APPELLEE
154 So. 2d 846
Florida District Court of Appeal, Third District (1963)
Positive Treatment
Cited by 19 cases
Opinion of the Court
This is an interlocutory appeal from an order of the chancellor denying defendant’s motion for summary decree. This order, as all orders, decrees and judgments brought to this court, comes to us with a presumption of correctness. We have carefully reviewed the record and conclude that the appellant has failed to make it clearly appear that the chancellor’s ruling was erroneous.
This shall not be construed as holding that the facts pleaded by the appellee would be admissible into evidence at trial. Accordingly, the order appealed is affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Frank v. Hy Levine, 159 So. 2d 665 (Fla. 3d DCA 1964)…r, Fla.1950, 45 So. 2d 116; Houk v. Weiner, Fla.1951, 53 So. 2d 304; Scheneman v. Barnett, Fla.1951, 53 So. 2d 641; Kissling v. McCarthy, Fla.App.1958, 100 So. 2d 434; Kennedy v. Kay, Fla.App.1963, 154 So. 2d 345; Galloway v. Musgrave, Fla.App.1963, 154 So. 2d 846. 851; 16 U.Miami L.Rev. 745, 749 (1962).…
-
Frumkes v. The Mortg. Guar. Corp., 173 So. 2d 738 (Fla. 3d DCA 1965)…by defendants in response to the motion for deficiency were not established. No evidence was presented thereon. See Sheneman v. Barnett, Fla.1951, 53 So. 2d 641; Kissling v. McCarthy, Fla.App.1958, 100 So. 2d 434; Galloway v. Musgrave, Fla.App;1963, 154 So. 2d 846. Denial of an application for deficiency decree for jurisdictional reasons as distinguished from equitable grounds is not res judicata so as to [*741] bar an action thereon at law. Mabson v. Christ, 104 Fla. 606, 140 So. 671 (opinion on rehearing) ;…
-
Horne v. Smith, 368 So. 2d 392 (Fla. 1st DCA 1979)…7. [*394] While the law is clear that the entry of a deficiency is left to the sound judicial discretion of the court, this discretion has to be exercised within the limits of the proof and evidence and should not be arbitrary. Galloway v. Musgrave, 154 So. 2d 846 (Fla.2d DCA 1963). The trial court found that after plaintiffs foreclosed on their second mortgage there remained a deficiency of $17,-135. The trial court did not award the plaintiffs the full $17,135, however, but gave defendants $10,000 credit o…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence