Miller Electric Co. of Miami v. Sweeny

HENDRY, Chief Judge.

Miller Electric Company of Miami, Inc., one of the defendants below, appeals from a final decree in foreclosure.

On January 18, 1966, plaintiff, Joseph A. Sweeny, as trustee filed a complaint to foreclose a mortgage dated September 21, 1964, and recorded on October 5, 1964. In its answer, Miller Electric alleged that if plaintiff has any right, title or interest in the property known as the Taj, it is subordinate and inferior to Miller Electric’s rights. The cause came on for final hearing and the lower court entered a final decree in foreclosure in favor of plaintiff in…