Jessup v. Cowger Miller Mortgage Co.

Full title: DANIEL JESSUP, APPELLANT, v. COWGER MILLER MORTGAGE COMPANY, INC., APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Apr 21, 1987

505 So. 2d 687 (Fla. Dist. Ct. App. 1987)

Opinion

No. 86-2410.

April 21, 1987.

An Appeal from the Circuit Court for Dade County; Edward S. Klein, Judge.

Alec Ross, North Miami Beach, for appellant.

Shapiro, Rose Fishman and Nancy K. Neidich, Miami, for appellee.

Before BARKDULL, BASKIN and JORGENSON, JJ.

PER CURIAM.

Appellee concedes that the trial court's reservation of jurisdiction to award a deficiency was not prayed for in its original complaint and that the reservation was improper. In light of the concession, we strike from the final judgment the reservation of jurisdiction to award a deficiency judgment and, as modified, affirm.

Affirmed.