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Carlson v. Becker

Supreme Court of Florida, Division A
Mar 10, 1950
45 So. 2d 116 (Fla. 1950)

Summary

finding an abuse of discretion in the determination of the amount of the deficiency

Summary of this case from Khan v. Simkins Industries, Inc.

Opinion

March 10, 1950.

Appeal from the Circuit Court for Dade County, Charles A. Carroll, J.

Fogle, Kirtley, Connelly Fordham, Miami, for appellants.

H.V. Whitehurst, Miami, for appellees.


This appeal brings for review a deficiency decree entered by the court below in a mortgage foreclosure suit.

After a final decree in plaintiffs' favor was entered, the mortgaged property was sold at public auction for the sum of $630, and the Special Master found a deficiency due and owing to plaintiffs in the amount of $5,246.23. The plaintiffs were not the purchasers at the Special Master's Sale.

Thereafter, the Chancellor entered a deficiency decree in which he found that $5,246.23 remained due and owing to plaintiffs, but that they were entitled to a deficiency decree in the amount of $1,000, only. The Chancellor did not assign a reason for awarding the plaintiffs a sum less than that actually due and owing to them.

While ordinarily the granting of a deficiency decree is discretionary with the court, this is not an absolute and unbridled discretion, but a "sound judicial discretion," which must be supported by established equitable principles as applied to the facts of the case, and the exercise of which is subject to review on appeal. Cragin v. Ocean Lake Realty Co., 101 Fla. 1324, 133 So. 569, 573, 135 So. 795; Taylor v. Prine, 101 Fla. 967, 132 So. 464.

We are of the opinion that the record in this case fails to show sufficient facts and circumstances to justify the Chancellor in awarding to plaintiffs a lesser amount than that found to be due and owing to them.

The cause is, therefore, remanded, with directions to the Chancellor to modify the deficiency decree in accordance with the opinion herein.

The request for additional attorney's fees is denied.

ADAMS, C.J., TERRELL and THOMAS, JJ., concur.


Summaries of

Carlson v. Becker

Supreme Court of Florida, Division A
Mar 10, 1950
45 So. 2d 116 (Fla. 1950)

finding an abuse of discretion in the determination of the amount of the deficiency

Summary of this case from Khan v. Simkins Industries, Inc.

In Carlson v. Becker, 45 So.2d 116, 116 (Fla. 1950), the Florida Supreme Court held that while the trial court has discretion in determining a deficiency judgment, the facts of the case and established equitable principles must support the trial court's decision, which is subject to appellate review.

Summary of this case from Coral Gables Fed. S L v. Whitewater
Case details for

Carlson v. Becker

Case Details

Full title:CARLSON ET UX. v. BECKER ET AL

Court:Supreme Court of Florida, Division A

Date published: Mar 10, 1950

Citations

45 So. 2d 116 (Fla. 1950)

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