Hicks v. Mid-Florida Production Credit Ass'n, MID-FLORIDA

Decision Date07 August 1979
Docket NumberNo. MM-162,MID-FLORIDA,MM-162
Citation374 So.2d 566
PartiesJack C. HICKS, Jr., and Erma L. Hicks, his wife, Appellants, v.PRODUCTION CREDIT ASSOCIATION, a corporation organized and existing under the laws of the United States of America, Appellee.
CourtFlorida District Court of Appeals

J. Michael Davis of the Law Offices of Lansing J. Roy, Gainesville, for appellants.

Bevin G. Ritch of Lowry & Ritch, Gainesville, for appellee.

PER CURIAM.

The lower tribunal rendered an order of foreclosure, holding that foreclosure of a non-purchase money mortgage on Florida homestead property is not a forced sale and therefore does not violate Article X, Section 4(a), Fla.Const. We affirm. Hart v. Sanderson's Administrators, 18 Fla. 103 (1881).

MILLS, C. J., and ROBERT P. SMITH, Jr., and SHIVERS, JJ., concur.

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4 cases
  • Demayo v. Chames, Case No. 3D04-117 (FL 11/30/2005), Case No. 3D04-117.
    • United States
    • Florida Supreme Court
    • November 30, 2005
    ...that the Florida Constitution of 1868, "provided the basic framework for the present exemption"). 4. Hicks v. Mid-Florida Prod. Credit Ass'n, 374 So. 2d 566, 567 (Fla. 1st DCA 1979) (holding "foreclosure of a non-purchase money mortgage on Florida homestead property is not a forced sale and......
  • Felton v. Citizens Federal Sav. and Loan Ass'n of Seattle
    • United States
    • Washington Supreme Court
    • April 5, 1984
    ...a certain contingency should eventuate in a sale of the property. 30 W.Va. at 375, 4 S.E. 303. See also Hicks v. Mid-Florida Production Credit Ass'n, 374 So.2d 566 (Fla.Dist.Ct.App.1979); Curtis Inn v. Pratte, 94 N.H. 380, 54 A.2d 357, 359 (1947); Karcher v. Gans, 13 S.D. 383, 83 N.W. 431 (......
  • McElwain Associates, Inc. v. Culbreth
    • United States
    • Florida District Court of Appeals
    • August 6, 1982
    ...erred in applying the override payments first to the homestead mortgage. Appellant cited as authority Hicks v. Mid-Florida Production Credit Assoc., 374 So.2d 566 (Fla. 1st DCA 1979), however, in that case the court held simply that foreclosure of a non-purchase money mortgage on homestead ......
  • Pirolo v. Century First Nat. Bank of Pinellas County, 83-1173
    • United States
    • Florida District Court of Appeals
    • May 4, 1984
    ...See Hart v. Sanderson's Administrators, 18 Fla. 103 (1881); Patterson v. Taylor, 15 Fla. 336 (1875); Hicks v. Mid-Florida Production Credit Association, 374 So.2d 566 (Fla. 1st DCA 1979). BOARDMAN, A.C.J., and SCHEB, J., concur. ...

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