From Casetext: Smarter Legal Research

Marsalek v. Braunschweiger

District Court of Appeal of Florida, Third District
Feb 28, 1983
426 So. 2d 582 (Fla. Dist. Ct. App. 1983)

Opinion

No. 81-2681.

February 1, 1983. Rehearing Denied February 28, 1983.

Appeal from Circuit Court, Dade County; Milton A. Friedman, Judge.

Ainslee R. Ferdie and Charles W. Battisti, Coral Gables, for appellant.

Michael Blacker and Donald F. March, Miami, for appellees.

Before BARKDULL, FERGUSON and JORGENSON, JJ.


We reverse the final judgment dismissing the plaintiffs' complaint to foreclose the mortgage and remand to the trial court with directions to enter judgment for the plaintiffs in accordance with the terms of the mortgage on the authority of Campbell v. Werner, 232 So.2d 252 (Fla. 3d DCA 1970). See also Von Zamft v. Heller, 425 So.2d 156 (Fla. 3d DCA 1983); Scarfo v. Peever, 405 So.2d 1064 (Fla. 5th DCA 1981).

We have examined the issue presented by the cross-appeal and find it to be without merit.

Reversed and remanded with directions.


Summaries of

Marsalek v. Braunschweiger

District Court of Appeal of Florida, Third District
Feb 28, 1983
426 So. 2d 582 (Fla. Dist. Ct. App. 1983)
Case details for

Marsalek v. Braunschweiger

Case Details

Full title:JOSEPH MARSALEK, APPELLANT, v. RAINER BRAUNSCHWEIGER, ET AL., APPELLEES

Court:District Court of Appeal of Florida, Third District

Date published: Feb 28, 1983

Citations

426 So. 2d 582 (Fla. Dist. Ct. App. 1983)