Mid-State Investment Corp. v. Fort Walton Land Development Co.

STURGIS, Judge.

Appeal by plaintiff below from an order finally dismissing its complaint seeking re-foreclosure of a real property mortgage. The order appealed is vacated and the cause remanded for further proceedings consistent herewith.

The complaint charged, in substance, that Mr. and Mrs. J. B. Kyser (defendants against whom a decree pro confesso was entered) executed and delivered to plaintiff a mortgage on real property to secure their promissory note in plaintiff’s favor which mortgage was duly filed and recorded in Okaloosa County, Florida; that subsequent to recordation of plaintiff’s…