GEORGE WENNER AND RABENA WENNER, HIS WIFE, APPELLANTS,
v.
RICHARD A. FOSTER ET AL., APPELLEES
GEORGE WENNER AND RABENA WENNER, HIS WIFE, APPELLANTS,
RICHARD A. FOSTER ET AL., APPELLEES
336 So. 2d 1248
Florida District Court of Appeal, Fourth District (1976)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Upon consideration of the record and brief of the appellant, appellee having failed to furnish the court with a brief, we determine that the trial court erred by going outside the four corners of the complaint in determining and granting dismissal of the third party second amended complaint with prejudice in favor of Foster. Tiseo v. Arnold, 237 So. 2d 21 (Fla.App.1970).
Accordingly, the order appealed is reversed and the cause remanded for further proceedings.
Reversed and remanded.
MAGER, C. J., and CROSS and ALDERMAN, JJ., concur.
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C.A. Hobbs, Jr. v. Fla. First Nat'l Bank of Jacksonville, 480 So. 2d 153 (Fla. 1st DCA 1985)…ely, petitioners are not entitled to a jury trial on the determination of the amount of deficiency when tried as a continuation of the foreclosure suit. Cerrito v. Kovitch, 457 So. 2d 1021 (Fla.1984); and Bradberry v. Atlantic Bank of St. Augustine, 336 So. 2d 1248 (Fla. 1st DCA 1976). We find agreement with petitioners. It is clear that an action on a promissory note is an action at law and that a defendant in an action on a promissory note is entitled to a jury trial. Cheek v. McGowan Electric Supply Co., 4…1 / 2
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Sovran Bank, N.A. v. Parsons, 547 So. 2d 1044 (Fla. 4th DCA 1989)…well pleaded allegations therein are taken as true, City of Hallandale v. Gulfstream Park Racing Association, Inc., 440 So. 2d 1328 (Fla. 4th DCA 1983); National Financing Corporation v. Weiche, 371 So. 2d 707 (Fla. 4th DCA 1979); Wenner v. Foster, 336 So. 2d 1248 (Fla. 4th DCA 1976), we are of the opinion that this complaint sufficiently stated a cause of action, and as such, should have survived the motion to dismiss proceedings. In re Forfeiture of Following Described Property: Six Video Draw Poker Machine…
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Trenda Kinney v. Countrywide Home Loans Servicing, L.P., 165 So. 3d 691 (Fla. 4th DCA 2015)…mined that a defendant in a foreclosure action does not have “a constitutional right to a jury trial in a chancery foreclosure action when a deficiency has resulted from the foreclosure sale of the property.” Bradberry v. Atl. Bank of St. Augustine, 336 So. 2d 1248, 1250 (Fla. 1st DCA 1976). In arriving at its conclusion, the court reasoned that a lender’s legal claim for a deficiency “has consistently been tried as a continuation of the foreclosure suit under [the Florida Constitution].” Id. at 1249. It found…
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- Tiseo v. Arnold, 237 So. 2d 21 (Fla. 2d DCA 1970)