Legal Opinion

Washington Federal Savings & Loan Ass'n of Miami Beach v. State

District Court of Appeal of Florida

Decided July 23, 1963No. 62-636PublishedCited by 2 opinions

1Opinion of the Court

CARROLL, Judge.

This is an appeal from a judgment in prohibition making absolute a rule nisi issued out of the circuit court in Dade County restraining progress of a law action in the civil court of record in that county.

Washington Federal Savings and Loan Association of Miami Beach had foreclosed a mortgage. The foreclosure complaint did not pray for a deficiency decree. The final decree of foreclosure did not reserve jurisdiction generally or expressly for the purpose of entering a deficiency decree.1 Foreclosure sale resulted in a deficiency amount. No application for a deficiency decree…

2Cases cited3 opinions

  1. Cole v. HeidtSupreme Court of Florida · 1936
  2. Katz v. KoolishDistrict Court of Appeal of Florida · 1962
  3. State Ex Rel. Dato v. HimesSupreme Court of Florida · 1938

3Cited by2 opinions

  1. Johnston v. State ex rel. CarterDistrict Court of Appeal of Florida · 1968
  2. State ex rel. Robinson v. NelsonDistrict Court of Appeal of Florida · 1968

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