Florida District Courts of Appeal, 1966

U S 1-163rd Street Corp. v. Gerardo

U S 1-163rd Street Corp. v. Gerardo
Florida District Courts of Appeal · Decided August 9, 1966 · Barkdull, Pearson, Swann
189 So. 2d 506; 1966 Fla. App. LEXIS 4777 (Southern Reporter, Second Series)

U S 1-163rd Street Corp. v. Gerardo

Opinion of the Court

PER CURIAM.

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.

Concurring Opinion

PEARSON, Judge

(concurring specially).

I concur in the affirmance because the .affidavit submitted on petition for rehearing did not state a good defense.

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