Bodner v. Blackwelder

By this interlocutory appeal reversal is sought of an order of the circuit court denying a motion filed there by the appellant under rule 1.38(b), Fla.R.C.P., 30 F.S.A., for relief from a final decree of foreclosure.

The appellant Bodner is the owner of property involved in the foreclosure. On an earlier appeal (Blackwelder v. D’Ercole Enterprises, Inc., Fla.App.1963, 148 So.2d 721, 726) this court returned the cause to the circuit court with directions as follows: “ * * * for further proceedings to foreclose the security deed as a mortgage for such sum, without interest, as the chancellor may…