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117 Fla. 32

157 So 27

Cooper v. Knight

Supreme Court of Florida

Decided October 19, 1934

Supreme Court of Florida · decided 1934-10-19

Relies on Atlantic Shores Corp. v. Zetterlund · Coe-Mortimer Co. v. Dusendschon · Garner, Et Ux. v. Slack

Decided 1934-10-19

Per Curiam.

¶1 This appeal is from an order confirming a sale of lands under a foreclosure decree and awarding on motion a deficiency decree against the defendant. On the showing made as to the value of the property the sale should not have been confirmed; and the deficiency decree was consequently erroneously rendered. The issue of usury presented in defense of a deficiency decree need not be now considered as the order confirming the foreclosure sale is reversed. In Garner v. Slack, 112 Fla. 553, 150 So. 750, the motion for a deficiency decree was not challenged; there was as here a prayer for general relief. See Coe-Mortimer Co. v. Dusendschon, 113 Fla. 818, 152 So. 729; Atlantic Shores Corp. v. Zetterlund, 103 Fla. 761, 138 So. 50.

¶2 Reversed.

Whitfield, P. J., and Brown and Buford, J. J., concur. . Davis, C. J., and Terrell, J., concur in the opinion and judgment.
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