Opinion
No. 62-620.
April 30, 1963. Rehearing Denied May 29, 1963.
Appeal from the Circuit Court, Monroe County, Aquilino Lopez, Jr., J.
Hendricks Hendricks, Miami, for appellant.
Sinclair Barfield, Paul A. Louis, Norman A. Sand and Bertha Claire Lee, Miami, for appellee.
Before PEARSON, TILLMAN, C.J., and BARKDULL and HENDRY, JJ.
Appellant seeks review of adverse summary decrees of the trial judge, dismissing her complaint for recision of a mortgage and granting the appellee's counterclaim for foreclosure of said mortgage.
Reviewing the record in a light most favorable to the appellant, which we are required to do in reviewing summary decrees or judgments [see: Pritchard v. Peppercorn and Peppercorn, Inc., Fla. 1957, 96 So.2d 769; Humphrys v. Jarrell, Fla.App. 1958, 104 So.2d 404], it appears that there was no genuine issue of a material fact which would as a matter of law permit the appellant to rescind or defeat the mortgage in question upon the ground of duress. See: Jones v. Hartford Accident and Indemnity Co., Fla.App. 1959, 109 So.2d 582; Duncan Plastering Company v. Giffen Building Specialties, Inc., Fla.App. 1962, 138 So.2d 532.
Therefore, the actions of the chancellor are affirmed.
Affirmed.