Florida District Courts of Appeal, 1963

Sullivan v. Swift & Co.

Sullivan v. Swift & Co.
Florida District Courts of Appeal · Decided April 30, 1963 · Barkdull, Hendry, Pearson, Tillman
153 So. 2d 30; 1963 Fla. App. LEXIS 3676 (Southern Reporter, Second Series)
Sullivan v. Swift & Co.

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Opinion of the Court

PER CURIAM.

Appellant seeks review of adverse summary decrees of the trial judge, dismissing her complaint for recision of a mortgage and granting the appellee’s counterclaim for foreclosure of said mortgage.

Reviewing the record in a light most favorable to the appellant, which we are required to do in reviewing summary decrees or judgments [see: Pritchard v. Peppercorn and Peppercorn, Inc., Fla.1957, 96 So.2d 769; Humphrys v. Jarrell, Fla.App.1958, 104 So.2d 404], it appears that there was no genuine issue of a material fact which would as a matter of law permit the appellant to rescind or defeat the mortgage in question upon the ground of duress. See: Jones v. Hartford Accident and Indemnity Co., Fla.App.1959, 109 So.2d 582; *31Duncan Plastering Company v. Giffen Building Specialties, Inc., Fla.App.1962, 138 So.2d 532.

Therefore, the actions of the chancellor are affirmed.

Affirmed.

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