PAUL ELIE, EDGAR C. ELIE, LEVLEX ENTERPRISES, LTD. AND PAUL A. WOODELL, APPELLANTS,

v.

TFB PROPERTIES, INC., A FLORIDA CORPORATION, AND ROYAL REHAB CORP., A FLORIDA CORPORATION, ETC., ET. AL., APPELLEES

Fla. 4th DCA | 1995-03-22

No. 93-3766

GUNTHER, STONE and PARIENTE, JJ. concur.

652 So. 2d 1193 Florida District Court of Appeal, Fourth District (1995) Positive Treatment

Cited by 2 cases

Opinion of the Court

PER CURIAM.

We reverse a final summary judgment of foreclosure. The record reflects unresolved issues of material fact on affirmative defenses, which include issues of payment and the date of default, even without regard to two untimely affidavits filed by Appellants. Haven Fed. Sav. & Loan Ass’n v. Kirian, 579 So. 2d 730 (Fla.1991); Moore v. Morris, 475 So. 2d 666 (Fla.1985); Holl v. Talcott, 191 So. 2d 40 (Fla.1966). On the other issues raised, the severance of the Levelex claim is now moot, and we find no error as to the court’s rulings on the assignment of rents.

GUNTHER, STONE and PARIENTE, JJ. concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Leshin v. TFB Props., Inc., 802 So. 2d 362 (Fla. 4th DCA 2001)

…to the land through the sheriffs sale, they, and not Royal or TFB, were then entitled to the rents. In this court’s March 22, 1995, opinion, we affirmed the trial court’s rulings to the contrary on the assignment of rents. Elie v. TFB Props., Inc., 652 So. 2d 1193, 1194 (Fla. 4th DCA 1995). In December of 1994, TFB discovered that the joint account had a balance of only $125. It moved for an accounting, which the court granted. TFB also requested and received the appointment of a receiver who was supposed to…

Authorities Cited

Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
Moore v. Morris, 475 So. 2d 666 (Fla. 1985)
State v. Vamper, 579 So. 2d 730 (Fla. 1991)
Haven Fed. Sav. & Loan Ass'n v. Kirian, 579 So. 2d 730 (Fla. 1991)

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