Castino v. Atlantic Scale & Equipment Co.

District Court of Appeal of Florida

Castino v. Atlantic Scale & Equipment Co.

477 So. 2d 669, 10 Fla. L. Weekly 2485, 1985 Fla. App. LEXIS 16574

CourtDistrict Court of Appeal of Florida

DecidedNovember 6, 1985

DocketNo. 85-731

StatusPublished

This text of 477 So. 2d 669 (Castino v. Atlantic Scale & Equipment Co.) 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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Castino v. Atlantic Scale & Equipment Co., 477 So. 2d 669, 10 Fla. L. Weekly 2485, 1985 Fla. App. LEXIS 16574 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

A Financing Statement has been duly recorded in this case which would serve as a basis for a foreclosure action, subject to appropriate defenses to be interposed by the buyer. That the numerous complaints filed herein have failed to assert such action should not deprive a secured party of his opportunity to assert his claim in a proper fashion. Accordingly, while we affirm the dismissal, we remand with direction to allow the secured party the opportunity for a final amendment.

GLICKSTEIN and WALDEN, JJ., and OWEN, WILLIAM C., Associate Judge, concur.

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PER CURIAM.

A Financing Statement has been duly recorded in this case which would serve as a basis for a foreclosure action, subject to appropriate defenses to be interposed by the buyer. That the numerous complaints filed herein have failed to assert such action should not deprive a secured party of his opportunity to assert his claim in a proper fashion. Accordingly, while we affirm the dismissal, we remand with direction to allow the secured party the opportunity for a final amendment.

GLICKSTEIN and WALDEN, JJ., and OWEN, WILLIAM C., Associate Judge, concur.

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Bluebook (online)

477 So. 2d 669, 10 Fla. L. Weekly 2485, 1985 Fla. App. LEXIS 16574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/castino-v-atlantic-scale-equipment-co-fladistctapp-1985.