ALTERNATIVE MORTGAGE CORPORATION, APPELLANT,
v.
TRI-J ENTERPRISES, INC. A FLORIDA CORPORATION, AND GLENDON E. HUGHES, APPELLEES
ALTERNATIVE MORTGAGE CORPORATION, APPELLANT,
TRI-J ENTERPRISES, INC. A FLORIDA CORPORATION, AND GLENDON E. HUGHES, APPELLEES
550 So. 2d 562
Florida District Court of Appeal, Fourth District (1989)
Negative Treatment
Cited by 12 cases
Opinion of the Court
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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R.J.C. v. State, 84 So. 3d 1250 (Fla. 4th DCA 2012)…cate the adjudication of delinquency. Reversed and Remanded. LEVINE, J., concurs. GERBER, J., dissents with opinion. . See Johnson v. State, 610 So. 2d 581 (Fla. 1st DCA 1992); Dees v. State, 564 So. 2d 1166 (Fla. 1st DCA 1990); Canion v. State, 550 So. 2d 562 (Fla. 4th DCA 1989); Evans v. State, 546 So. 2d 1125 (Fla. 3d DCA 1989).…1 / 2
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