Goswick v. Mittelman

District Court of Appeal of Florida

Goswick v. Mittelman

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

District Court of Appeal of Florida·Decided July 6, 1965·No. No. 64-1040·Published·Cited by 1 cases

Opinion

PER CURIAM.

The appellant urges the insufficiency of the proof upon the entry of a summary final [254] decree 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] decree 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.

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

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