Smith Engineering & Construction Co. v. United States Fidelity & Guaranty Co.

CARROLL, DONALD K., Judge,

The defendant in a suit to foreclose certain mortgages on real and personal property has taken this interlocutory appeal from a partial summary decree entered by the Circuit Court for Escambia County, decreeing the defendant’s liability to the plaintiff under the said mortgages.

The principal and ultimate question presented for our determination in this interlocutory appeal is whether the plaintiff was entitled under our procedural rules to such a partial summary decree on the issue of the defendant’s said liability in view of the latter’s position that the obligation…