Goswick v. Mittelman

District Court of Appeal of Florida

Goswick v. Mittelman

177 So. 2d 253, 1965 Fla. App. LEXIS 3920

CourtDistrict Court of Appeal of Florida

DecidedJuly 6, 1965

DocketNo. 64-1040

StatusPublished

Cited by1 cases

This text of 177 So. 2d 253 (Goswick v. Mittelman) 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.

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Goswick v. Mittelman, 177 So. 2d 253, 1965 Fla. App. LEXIS 3920 (Fla. Ct. App. 1965).

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Opinion

PER CURIAM.

The appellant urges the insufficiency of the proof upon the entry of a summary final [254]*254decree of foreclosure. An examination of the record reveals that the appellant, as defendant, filed no answer other than a general denial and offered no affidavit or other type of proof at the hearing on the motion. The plaintiff, appellee, offered sworn testimony sufficient to establish a prima facie case. Under these circumstances, the chancellor properly entered the summary decree appealed. See Hardcastle v. Mobley, Fla.App.1962, 143 So.2d 715; Kelly v. Patek, Fla.App.1965, 172 So. 2d 520.

Affirmed.

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PER CURIAM.

The appellant urges the insufficiency of the proof upon the entry of a summary final [254]*254decree of foreclosure. An examination of the record reveals that the appellant, as defendant, filed no answer other than a general denial and offered no affidavit or other type of proof at the hearing on the motion. The plaintiff, appellee, offered sworn testimony sufficient to establish a prima facie case. Under these circumstances, the chancellor properly entered the summary decree appealed. See Hardcastle v. Mobley, Fla.App.1962, 143 So.2d 715; Kelly v. Patek, Fla.App.1965, 172 So. 2d 520.

Affirmed.

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177 So. 2d 253, 1965 Fla. App. LEXIS 3920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goswick-v-mittelman-fladistctapp-1965.

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