Legal Opinion

Franklin v. Wallack

District Court of Appeal of Florida

Decided April 4, 1991No. 89-1675PublishedCited by 3 opinions

1Opinion of the Court

HARRIS, Judge.

Dennis and Voncile Franklin appeal from a final judgment of foreclosure of a mortgage on their marital residence. The Franklins executed a second mortgage on the property they owned as tenants by the entirety on March 13, 1984, in favor of Wallack. Wallack cross-claimed for foreclosure after the first mortgagee brought foreclosure proceedings against the property. The Franklins argue that the trial court erred in ruling that they failed as a matter of law to establish the defense of duress and extortion. We affirm.

The record establishes that Mrs. Franklin worked for Wallack as…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. Burton v. McMillanSupreme Court of Florida · 1906
  2. Loew v. FriedmanSupreme Court of Florida · 1955
  3. Norris v. StewartDistrict Court of Appeal of Florida · 1977
  4. Sheldon v. WilforeSupreme Court of Florida · 1939
  5. Tyler v. Hill Bros., Inc.Supreme Court of Florida · 1937

3Cited by3 opinions

  1. Smith v. Paul Revere Life InsuranceDistrict Court, S.D. Florida · 1997
  2. United States v. Contents of Bank of AmericaCourt of Appeals for the Eleventh Circuit · 2011
  3. Sewalk v. Valpak Direct Marketing Systems, LLCDistrict Court, M.D. Florida · 2022

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