Salomon v. Mid-States Mortgage Corp.

District Court of Appeal of Florida

Salomon v. Mid-States Mortgage Corp.

356 So. 2d 915, 1978 Fla. App. LEXIS 15566

CourtDistrict Court of Appeal of Florida

DecidedMarch 28, 1978

DocketNo. 77-405

StatusPublished

Cited by4 cases

This text of 356 So. 2d 915 (Salomon v. Mid-States Mortgage Corp.) 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.

Bluebook

Salomon v. Mid-States Mortgage Corp., 356 So. 2d 915, 1978 Fla. App. LEXIS 15566 (Fla. Ct. App. 1978).

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Opinion

PER CURIAM.

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.

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PER CURIAM.

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.

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356 So. 2d 915, 1978 Fla. App. LEXIS 15566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salomon-v-mid-states-mortgage-corp-fladistctapp-1978.

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