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45 So. 2d 116

Carlson v. Becker

Supreme Court of Florida

Decided March 10, 1950.

Supreme Court of Florida · decided 1950-03-10

Key passage — most relied on by later courts

“' “We are of the opinion that the record' in this case fails to show sufficient facts and circumstances to justify the Chancellor in awarding to plaintiffs a lesser amount than that found to be due and owing to them.””

quoted by 8 later decisions, including 522 So. 2d 546 - Norwest Bank Owatonna, NA v. Millard, Kurkjian v. Fish Carburetor Corporation

Relies on Cragin v. Ocean & Lake Realty Co. · Taylor, Jr. v. Prine

Good law ✅— No negative treatment on recordhow we know

Decided 1950-03-10

How this case has been cited

Cited by 29 later decisions — most recently March 2014 · most notably Kurkjian v. Fish Carburetor Corporation (1962), Scheneman v. Barnett (1951)

29 state decisions

1001950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Fogle, Kirtley, Connelly & Fordham, Miami, for appellants.

¶2H.V. Whitehurst, Miami, for appellees.

¶3ROBERTS, Judge.

¶4This appeal brings for review a deficiency decree entered by the court below in a mortgage foreclosure suit.

¶5After a final decree in plaintiffs' favor was entered, the mortgaged property was sold at public auction for the sum of $630, and the Special Master found a deficiency due and owing to plaintiffs in the amount of $5,246.23. The plaintiffs were not the purchasers at the Special Master's Sale.

¶6Thereafter, the Chancellor entered a deficiency decree in which he found that $5,246.23 remained due and owing to plaintiffs, but that they were entitled to a deficiency decree in the amount of $1,000, only. The Chancellor did not assign a reason for awarding the plaintiffs a sum less than that actually due and owing to them.

¶7While ordinarily the granting of a deficiency decree is discretionary with the court, this is not an absolute and unbridled discretion, but a "sound judicial discretion," which must be supported by established equitable principles as applied to the facts of the case, and the exercise of which is subject to review on appeal. Cragin v. Ocean & Lake Realty Co., 101 Fla. 1324, 133 So. 569, 573, 135 So. 795; Taylor v. Prine, 101 Fla. 967, 132 So. 464.

¶8We are of the opinion that the record in this case fails to show sufficient facts and circumstances to justify the Chancellor *117 in awarding to plaintiffs a lesser amount than that found to be due and owing to them.

¶9The cause is, therefore, remanded, with directions to the Chancellor to modify the deficiency decree in accordance with the opinion herein.

¶10The request for additional attorney's fees is denied.

¶11ADAMS, C.J., TERRELL and THOMAS, JJ., concur.

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