Luke v. Phillips

This writ of error is to a final judgment on a directed verdict secured in an action at law to recover on a promissory note. It appears that the note was secured by mortgage which had been foreclosed and no deficiency decree entered or requested at the time.

The question presented is whether or not the instant case is ruled by Reid v. Miami Studio Properties Inc. 139 Fla. 246, 190 So. 505, or Belle Mead Development Co. v. Reed, 114 Fla. 300, 153 So. 843.

Plaintiff in error contends that the latter case is overruled by the former and that it (Reid v. Miami Studio Properties Inc., supra) should…