Opinion
No. 65-1029.
August 9, 1966. Rehearing Denied September 15, 1966.
Appeal from the Circuit Court for Dade County, Marshall C. Wiseheart, J.
Sponder Bloom, North Miami, for appellant.
Daniel G. Satin, Miami, for appellee.
Before PEARSON, BARKDULL and SWANN, JJ.
By this appeal we are called upon to review a summary final decree of foreclosure entered in favor of the appellee, plaintiff in the trial court.
To the complaint for foreclosure, the defendant filed a general denial answer. Subsequent to taking the deposition of the principal officer of the mortgagor, the plaintiff filed a motion to strike the answer as sham and for entry of a summary final decree. Upon the decree being rendered, this appeal ensued. We find no error and affirm. See: Rule 1.14(a), Florida Rules of Civil Procedure, 30 F.S.A.; Fink v. Powsner, Fla.App. 1958, 108 So.2d 324; McNutt v. Sherrill, Fla.App. 1962, 141 So.2d 309; Wingreen Company v. Montgomery Ward Co., Fla.App. 1965, 171 So.2d 408; Feng Yeat Chow v. Shaughnessy, S.D.N.Y. 1957, 151 F. Supp. 23.
Affirmed.
I concur in the affirmance because the affidavit submitted on petition for rehearing did not state a good defense.