Salomon v. Mid-States Mortgage Corp.

Florida District Courts of Appeal
Salomon v. Mid-States Mortgage Corp., 356 So. 2d 915 (1978)
1978 Fla. App. LEXIS 15566
Hendry, Hoe, Nathan

Salomon v. Mid-States Mortgage Corp.

Opinion of the Court

PER CURIAM.

In a suit for specific performance, plaintiff, Jose Salomon, appeals an order of the trial court setting aside a default entered against defendant, Mid-States Mortgage Corporation, and also a summary final judgment entered in favor of Mid-States and against plaintiff.

Review of the record discloses that the trial court did not err in setting aside the default against Mid-States. Heritage Supply Company v. Graham, 334 So.2d 840 (Fla. 1st DCA 1976); Associated Medical Institutions, Inc., v. Imperatori, 338 So.2d 74 (Fla. 3d DCA 1976). The trial court did, however, err in entering a summary final judgment for Mid-States since there are material issues of fact to be decided by the trier of fact.

Affirmed in part and reversed in part with directions.

Reference

Full Case Name
Jose SALOMON v. MID-STATES MORTGAGE CORP., a Michigan Corporation
Cited By
4 cases
Status
Published