Legal Opinion
Terry v. Johnson
District Court of Appeal of Florida
Decided September 29, 1987No. BO-337PublishedCited by 2 opinions
1Opinion of the Court
FRANK, Associate Judge.
This dispute arises out of a contract for the sale of real property. The contract was not fulfilled and the Terrys, the sellers, sued the Johnsons for its breach. The trial court dismissed the complaint with finality correctly determining that the underlying document was in the nature of a mortgage or security instrument within the meaning of section 697.01, Florida Statutes (1985), thus requiring a foreclosure proceeding to accomplish its enforcement. See Adkinson v. Nyberg, 344 So.2d 614, 615 (Fla. 2d DCA 1977) (being in essence a mortgage, the contract is governed by…
2Cases cited5 opinions
- Hardee v. Gordon Thompson Chevrolet, Inc.District Court of Appeal of Florida · 1963
- Adkinson v. NybergDistrict Court of Appeal of Florida · 1977
- Wackenhut Protective Sys. v. KEY BISCAYNE, ETC.District Court of Appeal of Florida · 1977
- Sarasota Commercial Refrigeration v. SchooleyDistrict Court of Appeal of Florida · 1980
- Curcio v. Cessna Finance Corp.District Court of Appeal of Florida · 1982
3Cited by2 opinions
- Magner v. Merrill Lynch Realty/MCK, Inc.District Court of Appeal of Florida · 1991
- State Farm Fire & Casualty Co. v. U.S. Home Corp.Circuit Court for the Judicial Circuits of Florida · 1991