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Salomon v. Mid-States Mortgage Corp.

District Court of Appeal of Florida, Third District
Mar 28, 1978
356 So. 2d 915 (Fla. Dist. Ct. App. 1978)

Opinion

No. 77-405.

March 28, 1978.

Appeal from Circuit Court, Dade County; Harold R. Vann, Judge.

Max A. Goldfarb, Miami, for appellant.

Krongold Bass, Miami, for appellee.

Before HENDRY, NATHAN and KEHOE, JJ.


In a suit for specific performance, plaintiff, Jose Salomon, appeals an order of the trial court setting aside a default entered against defendant, Mid-States Mortgage Corporation, and also a summary final judgment entered in favor of Mid-States and against plaintiff.

Review of the record discloses that the trial court did not err in setting aside the default against Mid-States. Heritage Supply Company v. Graham, 334 So.2d 840 (Fla. 1st DCA 1976); Associated Medical Institutions, Inc., v. Imperatori, 338 So.2d 74 (Fla. 3d DCA 1976). The trial court did, however, err in entering a summary final judgment for Mid-States since there are material issues of fact to be decided by the trier of fact.

Affirmed in part and reversed in part with directions.


Summaries of

Salomon v. Mid-States Mortgage Corp.

District Court of Appeal of Florida, Third District
Mar 28, 1978
356 So. 2d 915 (Fla. Dist. Ct. App. 1978)
Case details for

Salomon v. Mid-States Mortgage Corp.

Case Details

Full title:JOSE SALOMON, APPELLANT, v. MID-STATES MORTGAGE CORP., A MICHIGAN…

Court:District Court of Appeal of Florida, Third District

Date published: Mar 28, 1978

Citations

356 So. 2d 915 (Fla. Dist. Ct. App. 1978)

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