From Casetext: Smarter Legal Research

Jay Bar Dan Corp. v. Maran Washing

District Court of Appeal of Florida, Third District
Jun 11, 1973
277 So. 2d 811 (Fla. Dist. Ct. App. 1973)

Opinion

Nos. 72-951, 72-1276.

May 8, 1973. Rehearing Denied June 11, 1973.

Appeal from the Circuit Court, Dade County, Jack A. Falk, J.

Wilson, Burns Browd, Miami, for appellants.

Greenberg, Traurig, Hoffman, Lipoff Quentel, Sidney Shapiro, Miami, for appellees.

Before BARKDULL, C.J., and PEARSON and CHARLES CARROLL, JJ.


These consolidated appeals are from a final judgment of foreclosure. The basic question presented is whether or not the evidence supported the court's finding that the mortgage was in default at the time of a declaration of intent to accelerate the remaining payments. We have reviewed the evidence and find that if the court had made such a finding it would have been fully supported by the evidence. See Campbell v. Werner, Fla.App. 1970, 232 So.2d 252. However, this question does not determine the outcome of this cause inasmuch as the record shows that appellant was, by order of court and without objection by the appellee-plaintiff, afforded an opportunity to bring his payments to date prior to the entry of a judgment for the accelerated amount.

We have examined the record in the light of the other points presented and find that they do not present error.

Affirmed.


Summaries of

Jay Bar Dan Corp. v. Maran Washing

District Court of Appeal of Florida, Third District
Jun 11, 1973
277 So. 2d 811 (Fla. Dist. Ct. App. 1973)
Case details for

Jay Bar Dan Corp. v. Maran Washing

Case Details

Full title:JAY BAR DAN CORPORATION, A CORPORATION, AND JACOB HOCKSTEIN, APPELLANTS…

Court:District Court of Appeal of Florida, Third District

Date published: Jun 11, 1973

Citations

277 So. 2d 811 (Fla. Dist. Ct. App. 1973)

Citing Cases

Jay Bar Dan Corp. v. Maran Washing, Inc.

October 12, 1973. Certiorari denied. 277 So.2d 811. CARLTON, C.J., and ROBERTS, BOYD and DEKLE, JJ.,…