JACQUELINE KUSHNER AND LARRY J. KUSHNER, APPELLANTS,
v.
WYNDSONG ESTATES HOMEOWNERS ASSOCIATION, INC., APPELLEE
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The court held that a final judgment of foreclosure was prematurely entered while a counterclaim remained pending.
Appellants appealed an amended final judgment of foreclosure. The trial court entered the judgment while the appellants' counterclaim was still pendin…
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We reverse the amended final judgment of foreclosure as the trial court should not have entered a final order while the appellants’ counterclaim remained pending.1 See Peterson v. Affordable Homes of Palm Beach, Inc., 65 So.3d 112, 113 (Fla. 4th DCA 2011) (holding that summary judgment on a foreclosure claim was premature while the mortgagor’s fraud counterclaim was still pending); see also Woods v. Huntington Fed. Sav. Bank, 622 So.2d 1363, 1365 (Fla. 2d DCA 1993) (pending counterclaim precluded summary judgment of foreclosure); Shahar v. Green Tree Servicing LLC, 125 So.3d 251, 253 (Fla. 4th DCA 2013) (summary judgment *528of foreclosure premature because defense of unclean hands was still pending).2
Reversed and remanded.
WARNER, FORST and KLINGENSMITH, JJ, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Ari Shahar and Daphna Shahar v. Green Tree Servicing LLC, 125 So. 3d 251 (Fla. 4th DCA 2013)
- B. G. Leasing, Inc. v. Heider, 372 So. 2d 184 (Fla. 3d DCA 1979)
- Peterson v. Affordable Homes OF Palm Beach, Inc., 65 So. 3d 112 (Fla. 4th DCA 2011)
- Reson Lee Woods, Jr. v. Huntington Fed. Sav. Bank, 622 So. 2d 1363 (Fla. 2d DCA 1993)