LOUISE LAFONTISEE FIELDING
v.
ADAM G. ADAMS, W. T. ROBERTS, GEORGE P. STREET, AND GRAVES INVESTMENT COMPANY, A CORPORATION
LOUISE LAFONTISEE FIELDING
ADAM G. ADAMS, W. T. ROBERTS, GEORGE P. STREET, AND GRAVES INVESTMENT COMPANY, A CORPORATION
152 Fla. 376
Florida Supreme Court (1943)
Positive Treatment
Also reported at: 11 So. 2d 800
Cited by 7 cases
Opinion of the Court
This cause having heretofore been submitted to the Court upon the transcript of the record of the. final decree herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said final decree; it is, therefore, considered, ordered and adjudged by the Court that the said final decree of the circuit court be, and the same is hereby affirmed.
Affirmed.
BUFORD, C. J., CHAPMAN and ADAMS, JJ., and Walker, circuit judge, concur.
TERRELL, BROWN and THOMAS, JJ., dissent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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United Bhd. of Carpenters & Joiners of Am. v. Graves Inv. Co., 153 Fla. 529 (Fla. 1943)…riate order vacated the final decree by which the certificates were purportedly cancelled and dismissed the original bill of complaint. Whereupon an appeal was taken from this order and the same was affirmed in the case of Fielding v. Adams, et al., 152 Fla. 376, 11 So. (2nd) 800. In the meantime, on July 25, 1941, the then trustees for appellants purchased the premises described in the certificates at a time when the decree of cancellation stood as a matter of record unreversed and without appeal therefro…
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Sunrise Sav. & Loan Ass'n OF Fla. v. Silvio Giannetti and Mary Giannetti, 524 So. 2d 697 (Fla. 4th DCA 1988)…preciate the attention which the trial court gave to the case. Nevertheless, we are compelled to conclude that it misconstrued the legal effect of the evidence; and we hold, on the authority of United Service Corporation v. Vi-An Construction Corp., 11 So. 2d 800 (Fla.1955), and Jones v. Lally, 511 So. 2d 1014 (Fla. 2d DCA 1987), that appellant’s mortgage was entitled to priority. Accordingly, we reverse the second amended final judgment and final decree of foreclosure. The facts reflect that appellee Giann…
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Sempf v. Ruhlman, 415 So. 2d 759 (Fla. 2d DCA 1982)…appellant to a purchaser to advise that a fraudulent document might appear. It is true that equitable principles may be applied to effect the remedy of cancellation [*761] of a mortgage satisfaction. United Service Corp. v. Vi-An Construction Corp., 11 So. 2d 800 (Fla.1955). In order to effect cancellation under those equitable principles, the mortgagee must be free of negligence in order to prevail. Id. We see no such negligence by appellant to defeat the cancellation. While incarcerated in Canada, appellan…