HARRY MANTZANOS AND GEORGE MANACOS
v.
ANGEL RAMOS
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The Florida Supreme Court affirmed a lower court's decree that dismissed a mortgage foreclosure suit. The court found that the parties had mutually agreed to transfer property, settling all partnership obligations, including the mortgage and notes, with only a $100 check payment remaining to be made by one party upon presentation of the associated documents.
No, the trial court did not err. The evidence supported the finding that the parties had mutually agreed to a property transfer that settled all their obligations, including the mortgage and notes.
“the court is of the opinion that the parties by mutual oral and written agreement made property transfer from one to the other for a consideration which was mutually satisfactory to all concerned, and that they thereby concluded their partnership relations, and settled all obligations existing between them, including the mortgage and notes involved here.”
This quote summarizes the trial court's finding regarding the settlement agreement between the parties.
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Join FLexlaw to unlock all legal intelligenceThe complainants filed a suit to foreclose a mortgage lien on personal property in a restaurant. The defense asserted was discharge and settlement. Th…
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In a suit to foreclose a mortgage lien upon the goods, chattels and personal property in a named restaurant and subsequently acquired property, the defense being discharged and settlement, the decree dismissing the bill of complaint appealed from contains the following:
“After a full and careful consideration of all the facts and circumstances as disclosed by the testimony (taken by the court) and the exhibits filed in evidence, the court is of the opinion that the parties by mutual oral and written agreement made property transfer from one to the other for a consideration which was mutually satisfactory to all concerned, and that they thereby concluded their partnership relations, and settled all obligations existing between them, including the mortgage and notes involved here. The *631only item still. unsettled is the payment of $100 on a check still held by the complainants, but which Ramos is by his agreement obligated to pay, when it is presented with the notes and mortgage involved here attached thereto, and which he states in his answer he will do when the check is so presented in accordance with their agreement.”
The chancellor heard the evidence in person and as no material error in the findings or other proceedings in the cause is made to appear by the record, the decree is affirmed.
Affirmed.
Terrell, C. J., and Whitfield, Brown and Buford, J. J., concur.
Chapman, j.. disqualified.
Justice Thomas not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
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Oldham v. Rooks, 361 So. 2d 140 (Fla. 1978)…er repealed by implication. City of Punta Gorda v. McSmith, Inc., 294 So. 2d 27 (Fla. 2d DCA 1974); State Department of Public Welfare v. Galilean Children’s Home, 102 So. 2d 388 (Fla. 2d DCA 1958); accord, State ex rel. Myers v. Cone, 139 Fla. 437, 190 So. 698 (1939). Nevertheless, when the legislature makes a complete revision of a subject it serves as an implied repeal of earlier acts dealing with the same subject unless an intent to the contrary is shown. Orange City Water Co. v. Town of Orange City, 2…
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Eason v. LAU, 369 So. 2d 600 (Fla. 1st DCA 1978)…er repealed by implication. City of Punta Gorda v. McSmith, Inc., 294 So. 2d 27 (Fla. 2d DCA 1974); State Department of Public Welfare v. Galilean Children’s Home, 102 So. 2d 388 (Fla. 2d DCA 1958); accord, State ex rel. Myers v. Cone, 139 Fla. 437, 190 So. 698 (1939).” Applying that decision sub judice, F.S. 768.-31 does not constitute a complete revision of the subject because, as observed already, it is inapplicable by its own wording to breaches of trust or other fiduciary obligations; the legislature…
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