Florida District Courts of Appeal, 1987

Bialowas v. Berkley Multi-Units, Inc.

Florida District Courts of Appeal · Decided March 25, 1987 · Lehan, Ryder, Scheb

504 So. 2d 510; 12 Fla. L. Weekly 881; 1987 Fla. App. LEXIS 7406 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Ortiz v. Orchid Springs Dev. Corp. (Fla. Dist. Ct. App. 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

LEHAN, Judge.

In this mortgage foreclosure suit plaintiffs appeal from the trial court’s order vacating partial summary judgments entered against certain defendants. We affirm.

The defendants were shown to have been without counsel when the partial summary judgments were entered and to have then lacked the subsequently discovered information now alleged in their counterclaim that plaintiffs’ mortgage had been subordinated to defendants’ mortgages. We do not conclude that there was an abuse of discretion by the trial court. See Church v. Strickland, 382 So.2d 419 (Fla. 5th DCA 1980).

Affirmed.

SCHEB, A.C.J., and RYDER, J., concur.

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