· 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
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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