Morgan v. Kearney

This is a timely appeal from two orders which denied a motion for deficiency judgment sought against appellee, Dudley Kear-ney, pursuant to Section 702.06, Florida Statutes (1979), and a subsequent order which denied appellant’s motion for rehearing.

In 1969 appellee Kearney purchased a business from Donald E. Morgan known as Hollywood Elevator Cab Co. and located in Hollywood, Florida. As part of the purchase, Kearney executed a promissory note in the principal sum of $165,000, secured by a Security Agreement/Chattel Mortgage. The security instrument required Kearney to obtain the creditor’s…