FRANK W. KELLS AND GROWERS LOAN & GUARANTY COMPANY
v.
W. M. DAVIDSON

Fla. | 1936-05-06
Whitfield, C. J., and Ellis, Terrell, Brown and Davis, J. J., concur., Buford, J., not participating.
124 Fla. 242 Florida Supreme Court (1936)
Also reported at: 168 So. 915

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Synopsis

The Florida Supreme Court affirmed a foreclosure decree, a confirmation of sale, and a deficiency judgment, finding that the lower court's application of well-settled legal principles to the facts was correct and did not warrant disturbance.


Holding

The lower court's findings of fact and conclusions of law were correct and should not be disturbed.


Key Quotes

“The Chancellor rendered a careful finding of facts upon which the final decree was predicated.”

Establishes the basis for the lower court's decision.

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Facts & Procedural History

The case involved an appeal from a final decree of foreclosure, a subsequent decree confirming the sale, and an allowance of a deficiency judgment. Th…

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Opinion of the Court
Per Curiam.

Per Curiam.

This is an appeal from a final decree of foreclosure, and from the subsequent decree of confirma*243tion of sale and allowance of deficiency judgment. The Chancellor rendered a careful finding of facts upon which the final decree was predicated. The case has been ably briefed and orally argued. But no new questions of law are involved, the decision of the court below being based upon the application of well settled principles to the facts found by the Chancellor. We are convinced that neither these findings, nor the conclusions reached by the Chancellor from the evidence, should be disturbed. No practical purpose would be subserved by a delineation of the facts of the case, nor a restatement of the already settled legal principles applicable thereto. Our conclusion is that this long-drawn-out litigation has been finally and correctly decided by the court below, and the decrees and orders appealed from are accordingly

Affirmed.

Whitfield, C. J., and Ellis, Terrell, Brown and Davis, J. J., concur.

Buford, J., not participating.


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