Bartley v. Church

OTT, Judge.

We affirm the judgment, entered below in all its particulars with one exception. Ap-pellees/defendants counterclaimed for foreclosure and went into possession of the real property prior to the sale under the judgment. Thus, the appellees were trespassers — albeit unwittingly — from August 12, 1975 (the date the locks were changed), until August 13, 1976 (the date the certificate of title issued). See Martorano v. Spicola, 110 Fla. 55, 148 So. 585 (1933).

The court below granted damages to appellants for trespass in the amount of $500 apparently calculating wrongful possession to be…