HAROLD A. SMITH AND WILMA JEAN SMITH, APPELLANTS,
v.
FEDERAL NATIONAL MORTGAGE COMPANY, APPELLEE

Fla. 4th DCA | 1992-04-01
Nos. 90-1969 to 90-1972, and 90-2300
GLICKSTEIN, C.J., and LETTS, J., concur.
600 So. 2d 468 Florida District Court of Appeal, Fourth District (1992)

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Holding

The court affirmed the summary judgment and awarded attorney's fees on appeal, finding the appellate points to be frivolous.


Facts & Procedural History

Appellants, pro se, appealed a summary judgment in a mortgage foreclosure proceeding. They had impleaded numerous parties, including judges and govern…

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Opinion of the Court
DOWNEY, Judge.

DOWNEY, Judge.

Appellants, pro se, have perfected this appeal from a summary judgment entered in a proceeding to foreclose a mortgage. The notice of appeal references five consolidated cases.1

Among the parties brought into the litigation by appellants by way of counterclaim or third party complaint are the trial judge, opposing counsel, the United States of America, the Veterans Administration, the Internal Revenue Service, an individual IRS agent, the individual process server who served the summons in the case, Joe Does # 1-10, and sundry other less conspicuous individuals and organizations. During the course of the proceeding below appellants recused the original trial judge and sought unsuccessfully to recuse his successor. We have seriously considered the two appellate points presented and find both to be baseless, a sham, and unmeritorious to the point of frivolity.

Accordingly, we affirm the judgment appealed from and award appellee attorney’s fees on appeal pursuant to section 57.105, Florida Statutes. The cause is remanded to the trial court to determine the amount of a reasonable attorney’s fee under the circumstances.

GLICKSTEIN, C.J., and LETTS, J., concur. . Appellants have filed a total of ten appeals involving this foreclosure. All except those involved herein, and one other, have been dismissed.


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