Florida District Courts of Appeal, 1985

Castino v. Atlantic Scale & Equipment Co.

Castino v. Atlantic Scale & Equipment Co.
Florida District Courts of Appeal · Decided November 6, 1985 · Glickstein, Owen, Walden, William
477 So. 2d 669; 10 Fla. L. Weekly 2485; 1985 Fla. App. LEXIS 16574 (Southern Reporter, Second Series)

Castino v. Atlantic Scale & Equipment Co.

Opinion of the Court

PER CURIAM.

A Financing Statement has been duly recorded in this case which would serve as a basis for a foreclosure action, subject to appropriate defenses to be interposed by the buyer. That the numerous complaints filed herein have failed to assert such action should not deprive a secured party of his opportunity to assert his claim in a proper fashion. Accordingly, while we affirm the dismissal, we remand with direction to allow the secured party the opportunity for a final amendment.

GLICKSTEIN and WALDEN, JJ., and OWEN, WILLIAM C., Associate Judge, concur.

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