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· 3/1/1977

GBB Investments, Inc. v. Hinterkopf

Citations

  • 343 So. 2d 899

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • striking down requirement that mortgagor in foreclosure suit pay into court registry all mortgage payments plus delinquent interest and taxes as precondition for maintaining a counterclaim against the mortgagee
  • \[R]equiring payment of a sum of money into the registry of the court unrelated to filing fees as a condition for defending a lawsuit has long been declared constitutionally impermissible.\
  • striking down requirement that mortgagor in foreclosure suit pay into court registry all mortgage payments plus delinquent interest and taxes as precondition for maintaining a counterclaim against the mortgagee
  • striking down requirement that mortgagor in foreclosure suit pay into court registry all mortgage payments plus delinquent interest and taxes as precondition for maintaining a counterclaim against the mortgagee
  • any restriction on access to the courts must be construed in favor of the constitutional right
  • \Any restrictions on such access to the courts must be liberally construed in favor of the constitutional right.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Haverfield and Hubbart, Jj., and Charles Carroll (Ret.), Associate Judge

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.