Cribbs v. Mackey

Miami-Dade County Circuit Court

Cribbs v. Mackey

23 Fla. Supp. 12

Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County·Decided November 4, 1963·No. No. 63-C-7328·Published

Opinion

HAROLD R. VANN, Circuit Judge.

This cause coming on to be heard on the plaintiffs’ motion to strike the affirmative defense contained in the answer of the defendant Dade National Bank of Miami, and the court being [14] otherwise fully advised in the premises, upon consideration thereof,

It is ordered, adjudged and decreed that the plaintiffs’ motion to strike the affirmative defense contained in the answer of the defendant Dade National Bank of Miami be and the same is hereby granted without leave to amend, and the ground for said ruling is that the “Agreement Not to Encumber or Transfer Property” attached to said defendant’s affirmative defense does not constitute a lien against the property which is the subject matter of plaintiffs’ foreclosure action.

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HAROLD R. VANN, Circuit Judge.

This cause coming on to be heard on the plaintiffs’ motion to strike the affirmative defense contained in the answer of the defendant Dade National Bank of Miami, and the court being [14] otherwise fully advised in the premises, upon consideration thereof,

It is ordered, adjudged and decreed that the plaintiffs’ motion to strike the affirmative defense contained in the answer of the defendant Dade National Bank of Miami be and the same is hereby granted without leave to amend, and the ground for said ruling is that the “Agreement Not to Encumber or Transfer Property” attached to said defendant’s affirmative defense does not constitute a lien against the property which is the subject matter of plaintiffs’ foreclosure action.

Cribbs v. Mackey, 23 Fla. Supp. 12 (Fla. Super. Ct. 1963).

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