Judges: PER CURIAM. —
Attorneys: Loftin, Stokes Calkins, and M. Rutledge Rivers, for Appellant;
Baxter Walton, for Appellees.
Filed: Jan. 11, 1932
Latest Update: Mar. 02, 2020
Summary: The Circuit Court of the Fifteenth Circuit, sitting as Court of Equity in Broward County, rendered a money decree against the appellant, John P. Grace, for $97,280.77. This was the amount of the mortgage debt involved in a foreclosure suit brought by the appellees for the foreclosure of a mortgage made by the appellant to the appellees. The appeal here is from an order of the Chancellor refusing to vacate and set aside the money decree which had been entered against appellant on July 19, 1928. T
Summary: The Circuit Court of the Fifteenth Circuit, sitting as Court of Equity in Broward County, rendered a money decree against the appellant, John P. Grace, for $97,280.77. This was the amount of the mortgage debt involved in a foreclosure suit brought by the appellees for the foreclosure of a mortgage made by the appellant to the appellees. The appeal here is from an order of the Chancellor refusing to vacate and set aside the money decree which had been entered against appellant on July 19, 1928. Th..
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I am inclined to the view that, under the doctrine enunciated in Gentry-Futch Co. vs. Gentry, 90 Fla. 595, 106 So. 2d 473, all the equitable grounds of the suit had been eliminated, and that the chancery court was without jurisdiction to go further and render a money judgment, thus depriving defendant of his right to trial by jury. The facts in the case of Edwards vs. Meyer, above cited were peculiar and very different from the facts here.
ON PETITION FOR REHEARING.
