LOIS J. DURLACHER, APPELLANT,
v.
THE FIRST NATIONAL BANK OF MIAMI, A NATIONAL BANKING ASSOCIATION ORGANIZED UNDER THE LAWS OF THE UNITED STATES OF AMERICA, AS EXECUTOR OF THE LAST WILL AND TESTAMENT OF STANLEY H. DURLACHER, DECEASED, APPELLEE
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This case involves an appeal from a lower court's dismissal of a complaint seeking contribution or exoneration for a mortgage debt on property held by the entireties. The appellate court affirmed the dismissal, finding the mortgage akin to a purchase money mortgage as per prior Supreme Court precedent.
Yes, the mortgage debt is to be treated like a purchase money mortgage, and therefore, the appellant is not entitled to contribution or exoneration from the deceased husband's estate.
“The lower court in its decree dismissing the complaint found that the mortgage debt originally placed on the property by the appellant and her deceased husband was considered in the same light as a purchase money mortgage and applied the principals laid down by the Supreme Court of Florida in Lopez v. Lopez, Fla.1956, 90 So. 2d 456.”
Describes the basis for the lower court's dismissal.
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Join FLexlaw to unlock all legal intelligenceThe appellant and her deceased husband jointly held title to real property as an estate by the entireties. They also jointly executed a mortgage on th…
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This appeal is from a final decree in chancery dismissing a bill of complaint which sought contribution and/or exoneration of a mortgage debt encumbering real property, title to which was originally held as an estate by the entireties by the appellant and her deceased husband. The lower court in its decree dismissing the complaint found that the mortgage debt originally placed on the property by the appellant and her deceased husband was considered in the same light as a purchase money mortgage and applied the principals laid down by the Supreme Court of Florida in Lopez v. Lopez, Fla.1956, 90 So.2d 456.
Upon a thorough examination of the appellant’s contentions and the record in this cause, it is clearly apparent that the learned trial judge was convinced that the case at bar was controlled by the pronouncements in Lopez v. Lopez, supra, and in this conclusion, we think he was eminently correct. It thereupon follows that the decree appealed from should be and it is hereby affirmed upon the authority aforesaid.
Affirmed.
CARROLL, CHAS., C. J., and PEARSON, J., concur.