Alternative Mortgage Corp. v. Tri-J Enterprises, Inc.

District Court of Appeal of Florida

Alternative Mortgage Corp. v. Tri-J Enterprises, Inc.

550 So. 2d 562, 14 Fla. L. Weekly 2529, 1989 Fla. App. LEXIS 6064

CourtDistrict Court of Appeal of Florida

DecidedNovember 1, 1989

DocketNo. 89-0327

StatusPublished

Cited by1 cases

This text of 550 So. 2d 562 (Alternative Mortgage Corp. v. Tri-J Enterprises, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Alternative Mortgage Corp. v. Tri-J Enterprises, Inc., 550 So. 2d 562, 14 Fla. L. Weekly 2529, 1989 Fla. App. LEXIS 6064 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

This is an appeal from a partial summary final judgment. The underlying cause is an action to foreclose a mortgage. The defense to foreclosure is the existence of a prior unsatisfied encumbrance of record. Both parties filed motions for summary judgment before the pleadings were closed.

While we do not agree with appellant’s position on the merits, it is abundantly clear that the case is not ripe for final determination and that genuine issues of material fact remain to be resolved. Accordingly we reverse and remand for further appropriate proceedings.

GUNTHER, WARNER and GARRETT, JJ., concur.

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PER CURIAM.

This is an appeal from a partial summary final judgment. The underlying cause is an action to foreclose a mortgage. The defense to foreclosure is the existence of a prior unsatisfied encumbrance of record. Both parties filed motions for summary judgment before the pleadings were closed.

While we do not agree with appellant’s position on the merits, it is abundantly clear that the case is not ripe for final determination and that genuine issues of material fact remain to be resolved. Accordingly we reverse and remand for further appropriate proceedings.

GUNTHER, WARNER and GARRETT, JJ., concur.

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550 So. 2d 562, 14 Fla. L. Weekly 2529, 1989 Fla. App. LEXIS 6064, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alternative-mortgage-corp-v-tri-j-enterprises-inc-fladistctapp-1989.

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