RICHARD L. PYEATT, APPELLANT,
v.
ANNE T. CULLEN AND FRIENDSHIP INN OF KEY LARGO, INC., A FLORIDA CORPORATION, APPELLEES
RICHARD L. PYEATT, APPELLANT,
ANNE T. CULLEN AND FRIENDSHIP INN OF KEY LARGO, INC., A FLORIDA CORPORATION, APPELLEES
454 So. 2d 17
Florida District Court of Appeal, Third District (1984)
Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.
This is an appeal from dismissal of an action to reform a mortgage to reflect counsel’s representations during settlement negotiations of a pending action.
Anne Cullen was not a party to the lawsuit brought against her husband, Richard, and a corporation jointly owned by the Cul-lens. As a result, the trial court correctly refused to reform the mortgage to reflect her collateral assignment of the mortgage securing the note signed by her husband.
Affirmed.
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Citator
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Alphonso McCRAY v. Adams, 529 So. 2d 1131 (Fla. 1st DCA 1988)…their interest is legal or equitable, should be made parties so that the court may settle all rights at once thereby preventing multiplicity of suits.” Bevis Construction Company v. Grace, 115 So. 2d 84, 85 (Fla. 1st DCA 1959). In Pyeatt v. Cullen, 454 So. 2d 17 (Fla. 3rd DCA 1984), the trial court dismissed an action to reform a mortgage because the suit was against a corporation owned in part by a woman who was not a party to the lawsuit. Here we find that, although appellant did serve Skolsky, because th…