WAYNE E. DENNIS AND STORMY INVESTMENTS, INC., APPELLANTS,
v.
AMERICAN MEDICAL EXPRESS CORP., APPELLEE

Fla. 3d DCA | 2000-05-10
No. 3D99-1885
Before SCHWARTZ, C.J., and COPE and SORONDO, JJ.
763 So. 2d 392 Florida District Court of Appeal, Third District (2000) Positive Treatment
Cited by 2 cases

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Holding

The court held that disqualification of opposing counsel was not warranted and summary judgment on the counterclaim was proper.


Facts & Procedural History

Appellants appealed a summary final judgment in a mortgage foreclosure case, raising issues of counsel disqualification and error in granting summary …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Wayne E. Dennis and Stormy Investments, Inc. appeal a summary final judgment in a mortgage foreclosure case. We affirm.

Defendants-appellants Dennis and Stormy Investments first contend that the trial court should have disqualified opposing counsel. We concur with plaintiff-ap-pellee American Medical Express Corp. that the applicable rules are rules 4-1.10(b) and (c), of the Rules Regulating the Florida Bar, and that disqualification was not called for under the circumstances of this case. See Nissan Motor Corp. v. Orozco, 595 So. 2d 240, 242-43 (Fla. 4th DCA 1992).

Defendants next contend that the trial court erred by granting summary judgment against them on their counterclaim.1 We entirely agree that the appel-lee was entitled to summary judgment under the Federal and Florida Fair Debt Collection Practices Acts, see 15 U.S.C. § 1692a(5), (6); § 559.55(1), (6), Fla. Stat. (1995), and that there was no slander of title. See Palmer v. Shelby Plaza Motel, Inc., 443 So. 2d 285, 286 (Fla. 2d DCA 1983).

Affirmed.

. The foreclosure action was ultimately resolved by defendants’ payment of the debt.


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  • Dennis v. Rodriguez, 762 So. 2d 961 (Fla. 3d DCA 2000)
    …PER CURIAM. Affirmed. See Dennis v. American Medical Express Corp., 763 So. 2d 392 (Fla. 3d DCA 2000); Toledo v. Wisk, 754 So. 2d 83 (Fla. 4th DCA 2000); Taylor Creek Village Ass’n, Inc. v. Houghton, 349 So. 2d 1219 (Fla. 3d DCA 1977).…

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