Robbins Roofing & Sheet Metal Co. v. Nichols

Supreme Court of Florida

Robbins Roofing & Sheet Metal Co. v. Nichols

155 So. 96, 115 Fla. 161, 1934 Fla. LEXIS 1477

Supreme Court of Florida·Decided May 30, 1934·Published

Opinion

Per Curiam.

This case is before us on appeal from an order striking the amended eleventh paragraph of answer to a bill of complaint filed to foreclose a mortgage on real estate.

The stricken paragraph of the answer fails to allege sufficient facts to constitute a defense to the foreclosure and it likewise fails to allege sufficient facts to constitute a basis *162 for affirmative relief in behalf of the defendant in such foreclosure suit.

Therefore, the' order appealed from should be affirmed and it is so ordered.

Affirmed.

Davis, C. J., and Whitfield, Terrell and Buford, J. J., concur.

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Per Curiam.

This case is before us on appeal from an order striking the amended eleventh paragraph of answer to a bill of complaint filed to foreclose a mortgage on real estate.

The stricken paragraph of the answer fails to allege sufficient facts to constitute a defense to the foreclosure and it likewise fails to allege sufficient facts to constitute a basis *162 for affirmative relief in behalf of the defendant in such foreclosure suit.

Therefore, the' order appealed from should be affirmed and it is so ordered.

Affirmed.

Davis, C. J., and Whitfield, Terrell and Buford, J. J., concur.

Robbins Roofing & Sheet Metal Co. v. Nichols, 155 So. 96, 115 Fla. 161, 1934 Fla. LEXIS 1477 (Fla. 1934).

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155 So. 96 (Robbins Roofing & Sheet Metal Co. v. Nichols) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.