Florida District Courts of Appeal, 1989

Community Acres Associates v. Triple D Properties, Inc.

Community Acres Associates v. Triple D Properties, Inc.
Florida District Courts of Appeal · Decided December 28, 1989 · Glickstein, Walden, Warner
554 So. 2d 643; 1989 Fla. App. LEXIS 7336; 1989 WL 162191 (Southern Reporter, Second Series)

Community Acres Associates v. Triple D Properties, Inc.

Opinion of the Court

PER CURIAM.

AFFIRMED.

GLICKSTEIN and WALDEN, JJ., concur. WARNER, J., dissents with opinion.

Dissenting Opinion

WARNER, J.,

dissenting.

I respectfully dissent from the affirmance of this final summary judgment. In my opinion there are disputed issues of fact with respect to the affirmative defenses which preclude entry of summary judgment. I would also reverse the award of attorney’s fees to Michael Baylin who was assigned a portion of the mortgage, because under the terms of the partial assignment the assignor retained the right and obligation to pursue foreclosure proceedings.

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