GEORGE HELKER AND MARY HELKER, HIS WIFE, APPELLANTS,
v.
RUSSELL GOULDY AND MARY GOULDY, HIS WIFE, HERITAGE TITLE COMPANY, A FLORIDA CORPORATION, RIVERSIDE BANK, A FLORIDA CORPORATION, THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, A FOREIGN CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA, APPELLEE
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The appellate court reviewed an order that dismissed a complaint. The court affirmed the dismissal as to most defendants but reversed it regarding the foreclosure of a purchase money mortgage against the original mortgagors.
The complaint stated a valid cause of action for foreclosure of a purchase money mortgage against the Gouldys, but failed to state a cause of action against the other appellees.
“We have carefully examined the pleadings and the briefs of the respective parties and conclude that the complaint failed to state a cause of action against any of the appellees except the Gouldys, and find that, as to them, it stated a valid cause of action for foreclosure of a purchase money mortgage.”
This quote establishes the court's core finding regarding the sufficiency of the complaint against the different parties.
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Join FLexlaw to unlock all legal intelligenceAppellants filed a complaint seeking rescission of a subordination agreement, establishment of their lien as superior, a personal judgment against a t…
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This is an interlocutory appeal from an order granting all motions to dismiss the complaint filed by the various appellees.
The complaint prayed, inter alia, for the rescission and cancellation of a subordination agreement; a decree establishing plaintiff’s lien as a superior lien to that of any of the appellees; a personal judgment against one of the appellees, Heritage Title Company; an accounting; and for foreclosure of a mortgage given by the appel-lees, Gouldy, to the appellants.
We have carefully examined the pleadings and the briefs of the respective parties and conclude that the complaint failed to state a cause of action against any of the appellees except the Gouldys, and find that, as to them, it stated a valid cause of action *265for foreclosure of a purchase money mortgage.
The decision of the trial court is therefore reversed as to its order dismissing the complaint for the foreclosure of a purchase money mortgage against the Gouldys, and affirmed as to that portion of the order dismissing the complaint against the remaining parties.
Affirmed in part and reversed in part, and remanded.
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Helker v. Gouldy, 183 So. 2d 754 (Fla. 3d DCA 1966)…PER CURIAM. Affirmed. See also Fla.App., 177 So. 2d 264.…