Wak, Ltd., Inc. v. Simkins Industries, Inc., 95-10
| Decision Date | 28 June 1995 |
| Docket Number | No. 95-10,95-10 |
| Citation | 658 So.2d 571 |
| Parties | 20 Fla. L. Weekly D1514 WAK, LIMITED, INC., Appellant, v. SIMKINS INDUSTRIES, INC., Appellee. |
| Court | Florida District Court of Appeals |
An appeal from the Circuit Court for Dade County; Robert P. Kaye, Judge.
Lee H. Schillinger and John A. Brekka, Jr., Hollywood, for appellant.
Silver & Waldman and Glen H. Waldman and Wendi R. Rosen, for appellee.
Before BARKDULL, COPE and GREEN, JJ.
Wak Limited, Inc., appeals a foreclosure judgment in favor of Simkins Industries, Inc. The judgment is affirmed on authority of section 59.041, Florida Statutes (1993).
The foreclosure judgment in this case was entered pursuant to subsection 702.10(1), Florida Statutes (1993). At oral argument the appellant mortgagor expressed concern about the possible collateral estoppel effects of this foreclosure judgment on other pending litigation, apparently involving personal guarantees of the underlying indebtedness. The only issue now before us is the foreclosure judgment, which the statute expressly declares to be "for in rem relief only." Id. Sec. 702.10(1)(a)(8)(b). In affirming, we express no view on the collateral estoppel effects, if any, of the foreclosure judgment.
Affirmed.
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Khan v. Simkins Industries, Inc., 95-3129
...that proceeding in their capacities as corporate officers. The foreclosure was affirmed by this court in WAK Limited, Inc. v. Simkins Indus., Inc., 658 So.2d 571 (Fla. 3d DCA 1995). The first issue raised by Waqar and Ammar Khan in this appeal relates to the judicial estoppel effect of the ......
- Ross v. State, 94-02431