Wootton v. Matheson

District Court of Appeal of Florida

Wootton v. Matheson

439 So. 2d 1007, 1983 Fla. App. LEXIS 22755

CourtDistrict Court of Appeal of Florida

DecidedOctober 27, 1983

DocketNo. 83-88

StatusPublished

This text of 439 So. 2d 1007 (Wootton v. Matheson) 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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Wootton v. Matheson, 439 So. 2d 1007, 1983 Fla. App. LEXIS 22755 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

Under the circumstances of this case we find no abuse in the exercise of the equitable discretion of the trial judge in denying acceleration and foreclosure and attorney’s [1008]*1008fees. Obviously the trial judge concluded that the security for the mortgage indebtedness had not been impaired or put in jeopardy and that acceleration and foreclosure would be unconscionable in this instance. See Brady v. Edgar, 415 So.2d 141 (Fla. 5th DCA 1982), and Consol. Credit Properties v. National Bank, 420 So.2d 618 (Fla. 5th DCA 1982).

AFFIRMED.

COBB, FRANK D. UPCHURCH, Jr. and COWART, JJ., concur.

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PER CURIAM.

Under the circumstances of this case we find no abuse in the exercise of the equitable discretion of the trial judge in denying acceleration and foreclosure and attorney’s [1008]*1008fees. Obviously the trial judge concluded that the security for the mortgage indebtedness had not been impaired or put in jeopardy and that acceleration and foreclosure would be unconscionable in this instance. See Brady v. Edgar, 415 So.2d 141 (Fla. 5th DCA 1982), and Consol. Credit Properties v. National Bank, 420 So.2d 618 (Fla. 5th DCA 1982).

AFFIRMED.

COBB, FRANK D. UPCHURCH, Jr. and COWART, JJ., concur.

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439 So. 2d 1007, 1983 Fla. App. LEXIS 22755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wootton-v-matheson-fladistctapp-1983.

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