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Gold v. El Camino Mortgage Corp.

District Court of Appeal of Florida, Third District
Jul 15, 1986
491 So. 2d 322 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-1244.

July 15, 1986.

Appeal from the Circuit Court, Dade County, Francis X. Knuck, J.

Alec Ross, North Miami Beach, for appellants.

Robert W. Sidweber, Sunrise, for appellee.

Before SCHWARTZ, C.J., and BASKIN and JORGENSON, JJ.


REVISED OPINION


Finding that appellee failed to serve appellants with a motion for summary judgment in advance of the trial court's consideration of the motion at trial, as required by Florida Rule of Civil Procedure 1.510(c), we reverse the Final Judgment of Foreclosure and Sale entered after the court granted appellee's motion for summary judgment. Lazar v. Allen, 347 So.2d 457 (Fla. 2d DCA 1977); see Cleveland Trust Co. v. Foster, 93 So.2d 112 (Fla. 1957); Parker v. Lower Florida Keys Hospital District, 432 So.2d 169 (Fla. 3d DCA 1983).

Reversed and remanded for further proceedings consistent with this opinion.


Summaries of

Gold v. El Camino Mortgage Corp.

District Court of Appeal of Florida, Third District
Jul 15, 1986
491 So. 2d 322 (Fla. Dist. Ct. App. 1986)
Case details for

Gold v. El Camino Mortgage Corp.

Case Details

Full title:FRANCES GOLD AND IRVING GOLD, APPELLANTS, v. EL CAMINO MORTGAGE…

Court:District Court of Appeal of Florida, Third District

Date published: Jul 15, 1986

Citations

491 So. 2d 322 (Fla. Dist. Ct. App. 1986)

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