THE BF GOODRICH COMPANY, ETC., ET AL., APPELLANTS,
v.
FEDERAL HOME LOAN MORTGAGE CORP., APPELLEES

Fla. 3d DCA | 1995-07-19
Nos. 94-509, 94-637
Before HUBBART, GERSTEN and GODERICH, JJ.
658 So. 2d 624 Florida District Court of Appeal, Third District (1995) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the trial court’s entry of final summary judgment of foreclosure in favor of the plaintiff, Federal Home Loan Mortgage Corp., where there were no genuine issues of material fact remaining and entry of judgment was proper as a matter of law. Fla. R.Civ.P. 1.510(c). We find that the issues of fact raised by the defendants were purely “paper issues” that did not preclude entry of summary judgment. Reflex, N.V. v. UMET Trust, 386 So. 2d 473, 474-75 (Fla. 3d DCA 1976).

Additionally, we find no merit to the defendants’ argument that the trial court did not have jurisdiction to dispose of the insurance proceeds in question. The court obtained jurisdiction over these funds when they were deposited in the court registry pursuant to the contract action. The defendants were parties to that action and clearly had notice that the disposition of those funds was at issue.

Lastly, we find that the defendants’ remaining point lacks merit.

Affirmed.


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  • Freel Jean Telasco v. Universal Mortg. Corp. OF Wis., 674 So. 2d 880 (Fla. 3d DCA 1996)
    …PER CURIAM. Affirmed. See and compare Moore Meats, Inc. v. Strawn, 313 So. 2d 660 (Fla.1975); BF Goodrich Co. v. Federal Home Loan Mortgage Corp., 658 So. 2d 624 (Fla. 3d DCA 1995); Cady v. Chevy Chase Sav. and Loan, Inc., 528 So. 2d 136 (Fla. 4th DCA 1988); Pezzimenti v. Cirou, 466 So. 2d 274 (Fla. 2d DCA 1985); Reflex, N.V. v. UMET Trust, 336 So. 2d 473 (Fla. 3d DCA 1976).…

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