Durlacher v. First National Bank of Miami

District Court of Appeal of Florida

Durlacher v. First National Bank of Miami

100 So. 2d 73

CourtDistrict Court of Appeal of Florida

DecidedJanuary 28, 1958

DocketNo. 57-74

StatusPublished

Cited by1 cases

This text of 100 So. 2d 73 (Durlacher v. First National Bank of Miami) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Durlacher v. First National Bank of Miami, 100 So. 2d 73 (Fla. Ct. App. 1958).

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Opinion

HORTON, Judge.

This appeal is from a final decree in chancery dismissing a bill of complaint which sought contribution and/or exoneration of a mortgage debt encumbering real property, title to which was originally held as an estate by the entireties by the appellant and her deceased husband. The lower court in its decree dismissing the complaint found that the mortgage debt originally placed on the property by the appellant and her deceased husband was considered in the same light as a purchase money mortgage and applied the principals laid down by the Supreme Court of Florida in Lopez v. Lopez, Fla.1956, 90 So.2d 456.

Upon a thorough examination of the appellant’s contentions and the record in this cause, it is clearly apparent that the learned trial judge was convinced that the case at bar was controlled by the pronouncements in Lopez v. Lopez, supra, and in this conclusion, we think he was eminently correct. It thereupon follows that the decree appealed from should be and it is hereby affirmed upon the authority aforesaid.

Affirmed.

CARROLL, CHAS., C. J., and PEARSON, J., concur.

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HORTON, Judge.

This appeal is from a final decree in chancery dismissing a bill of complaint which sought contribution and/or exoneration of a mortgage debt encumbering real property, title to which was originally held as an estate by the entireties by the appellant and her deceased husband. The lower court in its decree dismissing the complaint found that the mortgage debt originally placed on the property by the appellant and her deceased husband was considered in the same light as a purchase money mortgage and applied the principals laid down by the Supreme Court of Florida in Lopez v. Lopez, Fla.1956, 90 So.2d 456.

Upon a thorough examination of the appellant’s contentions and the record in this cause, it is clearly apparent that the learned trial judge was convinced that the case at bar was controlled by the pronouncements in Lopez v. Lopez, supra, and in this conclusion, we think he was eminently correct. It thereupon follows that the decree appealed from should be and it is hereby affirmed upon the authority aforesaid.

Affirmed.

CARROLL, CHAS., C. J., and PEARSON, J., concur.

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Bluebook (online)

100 So. 2d 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/durlacher-v-first-national-bank-of-miami-fladistctapp-1958.

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