Diversified Enterprises of Florida, Inc. v. Holt

ODOM, ARCHIE M., Associate Judge.

Appellee, plaintiff below, brought this action to foreclose a mortgage and for a deficiency decree if the debt was not satisfied by the sale of the property. Appellant, defendant below, answered, admitting default, but affirmatively asserting that it had deeded subject property to appellee, consequently, appellant would not be liable for attorney fees or a deficiency. The answer also alleged that the value of the property exceeded the debt.

Appellee filed a motion for summary decree supported by affidavits. The cause came on for hearing on said motion with the…