From Casetext: Smarter Legal Research

Goswick v. Mittelman

District Court of Appeal of Florida, Third District
Aug 11, 1965
177 So. 2d 253 (Fla. Dist. Ct. App. 1965)

Opinion

No. 64-1040.

July 6, 1965. Rehearing Denied August 11, 1965.

Appeal from the Circuit Court for Dade County, Ralph O. Cullen, J.

George M. Heller, Miami, for appellants.

Spieler Tendrich, Miami, for appellees.

Before TILLMAN PEARSON, CARROLL and SWANN, JJ.


The appellant urges the insufficiency of the proof upon the entry of a summary final decree of foreclosure. An examination of the record reveals that the appellant, as defendant, filed no answer other than a general denial and offered no affidavit or other type of proof at the hearing on the motion. The plaintiff, appellee, offered sworn testimony sufficient to establish a prima facie case. Under these circumstances, the chancellor properly entered the summary decree appealed. See Hardcastle v. Mobley, Fla.App. 1962, 143 So.2d 715; Kelly v. Patek, Fla.App. 1965, 172 So.2d 520.

Affirmed.


Summaries of

Goswick v. Mittelman

District Court of Appeal of Florida, Third District
Aug 11, 1965
177 So. 2d 253 (Fla. Dist. Ct. App. 1965)
Case details for

Goswick v. Mittelman

Case Details

Full title:C.E. AND BETTY GOSWICK, APPELLANTS, v. SAMUEL MITTELMAN AND ROSE…

Court:District Court of Appeal of Florida, Third District

Date published: Aug 11, 1965

Citations

177 So. 2d 253 (Fla. Dist. Ct. App. 1965)

Citing Cases

Soper v. Stine

On a motion for summary judgment, after the movant initially demonstrates the non-existence of factual…