Elie v. TFB Properties, Inc.

District Court of Appeal of Florida

Elie v. TFB Properties, Inc.

652 So. 2d 1193, 1995 Fla. App. LEXIS 2842, 1995 WL 119239

CourtDistrict Court of Appeal of Florida

DecidedMarch 22, 1995

DocketNo. 93-3766

StatusPublished

Cited by1 cases

This text of 652 So. 2d 1193 (Elie v. TFB Properties, 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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Elie v. TFB Properties, Inc., 652 So. 2d 1193, 1995 Fla. App. LEXIS 2842, 1995 WL 119239 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

We reverse a final summary judgment of foreclosure. The record reflects unresolved issues of material fact on affirmative defenses, which include issues of payment and the date of default, even without regard to two untimely affidavits filed by Appellants. Haven Fed. Sav. & Loan Ass’n v. Kirian, 579 So.2d 730 (Fla.1991); Moore v. Morris, 475 So.2d 666 (Fla.1985); Holl v. Talcott, 191 So.2d 40 (Fla.1966). On the other issues raised, the severance of the Levelex claim is now moot, and we find no error as to the court’s rulings on the assignment of rents.

GUNTHER, STONE and PARIENTE, JJ. concur.

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PER CURIAM.

We reverse a final summary judgment of foreclosure. The record reflects unresolved issues of material fact on affirmative defenses, which include issues of payment and the date of default, even without regard to two untimely affidavits filed by Appellants. Haven Fed. Sav. & Loan Ass’n v. Kirian, 579 So.2d 730 (Fla.1991); Moore v. Morris, 475 So.2d 666 (Fla.1985); Holl v. Talcott, 191 So.2d 40 (Fla.1966). On the other issues raised, the severance of the Levelex claim is now moot, and we find no error as to the court’s rulings on the assignment of rents.

GUNTHER, STONE and PARIENTE, JJ. concur.

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652 So. 2d 1193, 1995 Fla. App. LEXIS 2842, 1995 WL 119239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elie-v-tfb-properties-inc-fladistctapp-1995.

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