EAST COAST LUMBER & SURETY CO.
v.
FRANK TACINELLI

Fla. | 1940-07-23
Terrell, C. J., and Buford, J., concur., Thomas and Chapman, J. J., agree to conclusion., Justices Whitfield and Brown not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
143 Fla. 793 Florida Supreme Court (1940) Positive Treatment
Also reported at: 197 So. 446
Cited by 2 cases
Opinion of the Court
Per Curiam.

Per Curiam.

The controlling question involved in this case, which is a mortgage foreclosure suit, is that of priorities between the lien of mortgage and the alleged statutory materialman’s lien.

The question was one to be determined upon the probative force, weight and credibility to be given the evidence.

*794The decree of the chancellor is amply supported by the evidence and is affirmed.

So ordered.

Affirmed.

Terrell, C. J., and Buford, J., concur.

Thomas and Chapman, J. J., agree to conclusion.

Justices Whitfield and Brown not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Miami Nat'l Bank v. Citation Homes, Inc., 157 So. 2d 155 (Fla. 3d DCA 1963)
    …peal concerns the priority of the liens. This mixed question of law and fact was one to be determined by the chancellor upon the probative force, weight and credibility to be given the evidence. See East Coast Lumber & Surety Co., Inc. v. Tacinelli, 143 Fla. 793, 197 So. 446; also W. T. Price Dredging Corp. v. Suarez, 147 Fla. 253, 2 So. 2d 740. [*156] Viewing the record in the light of the foregoing, we conclude that the decree of the chancellor is amply supported and, accordingly, is affirmed. Affirmed.…

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