RAYMOND P. BIALOWAS AND NEVA BIALOWAS, HIS WIFE, APPELLANTS,
v.
BERKLEY MULTI-UNITS, INC., ETC., ET AL., APPELLEES

Fla. 2d DCA | 1987-03-25
No. 86-2436
SCHEB, A.C.J., and RYDER, J., concur.
504 So. 2d 510 Florida District Court of Appeal, Second District (1987) Positive Treatment
Cited by 3 cases
Opinion of the Court
LEHAN, Judge.

LEHAN, Judge.

In this mortgage foreclosure suit plaintiffs appeal from the trial court’s order vacating partial summary judgments entered against certain defendants. We affirm.

The defendants were shown to have been without counsel when the partial summary judgments were entered and to have then lacked the subsequently discovered information now alleged in their counterclaim that plaintiffs’ mortgage had been subordinated to defendants’ mortgages. We do not conclude that there was an abuse of discretion by the trial court. See Church v. Strickland, 382 So. 2d 419 (Fla. 5th DCA 1980).

Affirmed.

SCHEB, A.C.J., and RYDER, J., concur.

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  • Wasser v. Sasoni, 652 So. 2d 411 (Fla. 3d DCA 1995)
    …defenses to claims of fraud, particularly where, as in the instant case, there are no allegations or evidence that the contract itself was induced by fraud. See Cassara v. Bowman, 136 Fla. 302, 186 So. 514 (1939); Ortiz v. Orchid Springs Dev. Corp., 504 So. 2d 510 (Fla. 2d DCA 1987); Weiss v. Cherry, 477 So. 2d 12 (Fla. 3d DCA 1985), review denied, 488 So. 2d 69 (Fla.1986); No-Risk Chem. Co. v. El-Kerdi, 453 So. 2d 482 (Fla. 2d DCA 1984); Coble v. Lekanidis, 372 So. 2d 506 (Fla. 1st DCA 1979). In conclusion,…
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