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Belgrano v. Finkelstein

District Court of Appeal of Florida, Third District
Sep 9, 1986
493 So. 2d 543 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-2514.

September 9, 1986.

Appeal from the Circuit Court for Dade County, James C. Henderson, J.

Craig R. Dearr, for appellant.

No appearance for appellees.

Before HENDRY, FERGUSON and JORGENSON, JJ.


This appeal by defendant Luisa Belgrano questions the correctness of a final judgment of deficiency entered against her and others not parties to this appeal in a mortgage foreclosure action.

It is appellant Belgrano's contention that the record clearly shows that the value of the property foreclosed and bid on at the foreclosure sale by the plaintiffs/appellees Michael Finkelstein, Laura Finkelstein and Fred Bossert was worth far in excess of the amount owed to appellees and that the court abused its discretion in awarding appellees a deficiency judgment. We agree. See Barnard v. First National Bank of Okaloosa County, 482 So.2d 534 (Fla. 1st DCA 1986); Wilson v. Adams Fusselle, Inc., 467 So.2d 345 (Fla. 2d DCA 1985).

We note that appellees have not filed a brief in this appeal or otherwise disagreed with appellant's contention.

The final judgment of deficiency is, accordingly, reversed.

Reversed.


Summaries of

Belgrano v. Finkelstein

District Court of Appeal of Florida, Third District
Sep 9, 1986
493 So. 2d 543 (Fla. Dist. Ct. App. 1986)
Case details for

Belgrano v. Finkelstein

Case Details

Full title:LUISA S. BELGRANO, APPELLANT, v. MICHAEL FINKELSTEIN, LAURA FINKELSTEIN…

Court:District Court of Appeal of Florida, Third District

Date published: Sep 9, 1986

Citations

493 So. 2d 543 (Fla. Dist. Ct. App. 1986)

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