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62 So. 2d 913

Warriner v. Fink

Supreme Court of Florida

Decided January 20, 1953

Supreme Court of Florida · decided 1953-01-20

Decided 1953-01-20

SEBRING, Justice

¶1(concurring in conclusion and judgment only).

¶2I agree that the motion to dismiss the bill of complaint should have been granted, for the reason that plaintiff failed to show in her motion to vacate the final decree and set aside the master’s sale in the foreclosure suit that she had any meritorious *915defense to the foreclosure of the mortgage. I cannot agree, however, that the doctrine of res judicata is applicable. Hence, I concur in the conclusion and judgment only.

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