Kessler v. Hilsenroth

Appellants seek review of an adverse judgment. There is also an interlocutory appeal (No. 74-1386) which has been consolidated with the full appeal.

The nature of the case, the pleadings involved and the positions taken by the parties in the trial court are clearly disclosed and discussed in the judgment of the trial court which included findings of fact and conclusions of law, as follows:

“FINAL JUDGMENT”

“The Plaintiffs invoked the Declaratory Judgment Act (Chapter 86, F.S.) by seeking a judicial construction of a provision in a written mortgage indenture. The Plaintiffs alleged in their…