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Baxter v. Kobs

Baxter v. Kobs, 451 So. 2d 955 (Fla. Dist. Ct. App. 1984)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
June 12, 1984
Docket
No. 83-2915
Judges
Schwartz, C.J., and Nesbitt and Baskin
Citations
451 So. 2d 955
Cited by 6

Opinion

451 So.2d 955 (1984)

Donald Y. BAXTER, As Trustee of the Blanchard Machinery, Inc., Profit Sharing Trust, Appellant,

v.

Eugenie KOBS and Jean A. Trochet, Appellee.

No. 83-2915.

District Court of Appeal of Florida, Third District.

June 12, 1984. Rehearing Denied July 11, 1984.

Fink & Golden and Richard K. Fink, Miami, for appellant.

Evan J. Langbein, Dubbin, Berkman, Dubbin & Greenfield, Miami, for appellee.

Before SCHWARTZ, C.J., and NESBITT and BASKIN, JJ.

PER CURIAM.

The plaintiff mortgagee appeals the trial court order denying entry of a deficiency judgment against one of the co-makers of a promissory note. We reverse.

The granting of a deficiency judgment is the rule rather than the exception. S/D Enterprises, Inc. v. Chase Manhattan Bank, 374 So.2d 1121 (Fla. 3d DCA 1979). Moreover, the exercise of discretion to deny a deficiency decree must be supported by disclosed equitable considerations which constitute sound and sufficient reason for the action. Hamilton Investment Trust v. Escambia Developers, Inc., 352 So.2d 883 (Fla. 1st DCA 1977). In the present case, Trochet's responsibility is coextensive with that of Kobs against whom the trial court entered a deficiency and we find no equitable considerations which would support the denial of a deficiency judgment. Accordingly, the judgment appealed from is reversed and remanded.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →
1985: 11987: 11990: 31997: 119852026peak 1990 · 3

Relies on it most ⓘ

  1. Federal Deposit Insurance Corporation v. Morley915 F.2d 1517 (3d Cir. 1990)
  2. Wilson v. Adams & Fusselle, Inc.467 So. 2d 345 (Fla. Dist. Ct. App. 1985)
  3. Community Bank of Homestead v. Valois570 So. 2d 300 (Fla. Dist. Ct. App. 1990)
  4. Chidnese v. McCollem695 So. 2d 936 (Fla. Dist. Ct. App. 1997)
  5. Federal Deposit Insurance v. Morley915 F.2d 1517 (11th Cir. 1990)
  6. Malinski v. Cole505 So. 2d 630 (Fla. Dist. Ct. App. 1987)

Most recent

  1. Chidnese v. McCollem695 So. 2d 936 (Fla. Dist. Ct. App. 1997)
  2. Community Bank of Homestead v. Valois570 So. 2d 300 (Fla. Dist. Ct. App. 1990)
  3. Federal Deposit Insurance Corporation v. Morley915 F.2d 1517 (3d Cir. 1990)
  4. Federal Deposit Insurance v. Morley915 F.2d 1517 (11th Cir. 1990)
  5. Malinski v. Cole505 So. 2d 630 (Fla. Dist. Ct. App. 1987)
  6. Wilson v. Adams & Fusselle, Inc.467 So. 2d 345 (Fla. Dist. Ct. App. 1985)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
S/D Enters. v. Chase Manhattan Bank, 374 So. 2d 1121 (Fla. Dist. Ct. App. 1979) 14
Hamilton Inv. Trust v. Escambia Developers, Inc., 352 So. 2d 883 (Fla. Dist. Ct. App. 1977) 14
State v. Proto, 451 So. 2d 955 (Fla. Dist. Ct. App. 1984) 1

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