Supreme Court of Florida, 1943

Beaty v. Inlet Beach, Inc.

Beaty v. Inlet Beach, Inc.
Supreme Court of Florida · Decided January 8, 1943 · Brown, Whitfield, Buford, Chapman, Thomas, Terrell, Adams
10 So. 2d 807; 152 Fla. 276; 1943 Fla. LEXIS 886 (Southern Reporter, Second Series)

Beaty v. Inlet Beach, Inc.

Opinion of the Court

*277 PER CURIAM:

On reconsideration of petition to recall mandate and reconsider our opinion filed herein on September 29, 1942, we delete from our opinion the sentence, viz: β€œThe Hollywood Development and Harbor Co. accepted the over-payment of $32.25 at the mortgage foreclosure sale, and is estopped to claim it was not properly served in the foreclosure proceedings.” The deletion does not affect our judgment and the motion to recall mandate is denied.

So ordered.

BROWN, C. J., WHITFIELD, BUFORD, CHAPMAN and THOMAS, JJ., concur. TERRELL and ADAMS, JJ., dissent.

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