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Wak, Ltd. v. Simkins Industries, Inc.

District Court of Appeal of Florida, Third District
Jun 28, 1995
658 So. 2d 571 (Fla. Dist. Ct. App. 1995)

Opinion

No. 95-10.

June 28, 1995.

An appeal from the Circuit Court for Dade County; Robert P. Kaye, Judge.

Lee H. Schillinger and John A. Brekka, Jr., Hollywood, for appellant.

Silver Waldman and Glen H. Waldman and Wendi R. Rosen, for appellee.

Before BARKDULL, COPE and GREEN, JJ.


Wak Limited, Inc., appeals a foreclosure judgment in favor of Simkins Industries, Inc. The judgment is affirmed on authority of section 59.041, Florida Statutes (1993).

The foreclosure judgment in this case was entered pursuant to subsection 702.10(1), Florida Statutes (1993). At oral argument the appellant mortgagor expressed concern about the possible collateral estoppel effects of this foreclosure judgment on other pending litigation, apparently involving personal guarantees of the underlying indebtedness. The only issue now before us is the foreclosure judgment, which the statute expressly declares to be "for in rem relief only." Id. § 702.10(1)(a)(8)(b). In affirming, we express no view on the collateral estoppel effects, if any, of the foreclosure judgment.

Affirmed.


Summaries of

Wak, Ltd. v. Simkins Industries, Inc.

District Court of Appeal of Florida, Third District
Jun 28, 1995
658 So. 2d 571 (Fla. Dist. Ct. App. 1995)
Case details for

Wak, Ltd. v. Simkins Industries, Inc.

Case Details

Full title:WAK, LIMITED, INC., APPELLANT, v. SIMKINS INDUSTRIES, INC., APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jun 28, 1995

Citations

658 So. 2d 571 (Fla. Dist. Ct. App. 1995)

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