Cooper v. Knight

157 So. 27, 117 Fla. 32, 1934 Fla. LEXIS 1184

• Court: Supreme Court of Florida
• Decided: October 19, 1934
• Status: Published

Opinion

Per Curiam.

This appeal is from an order confirming a sale of lands under a foreclosure decree and awarding on motion a deficiency decree against the defendant. On the showing made as to the value of the property the sale should not have been confirmed; and the deficiency decree was consequently erroneously rendered. The issue of usury presented in defense of a deficiency decree need not be now considered as the order confirming the foreclosure sale is reversed. In Garner v. Slack, 112 Fla. 553, 150 So. 750, the motion for a deficiency decree was not challenged; there was as here a prayer for general relief. See Coe-Mortimer Co. v. Dusendschon, 113 Fla. 818, 152 So. 729; Atlantic Shores Corp. v. Zetterlund, 103 Fla. 761, 138 So. 50.

Reversed.

Whitfield, P. J., and Brown and Buford, J. J., concur. . Davis, C. J., and Terrell, J., concur in the opinion and judgment.