Florida District Courts of Appeal, 2011

Rubio v. Estate of Rubio

Rubio v. Estate of Rubio
Florida District Courts of Appeal · Decided July 6, 2011 · Lagoa, Rothenberg, Schwartz
67 So. 3d 1072; 2011 Fla. App. LEXIS 10557; 2011 WL 3307490 (Southern Reporter, Third Series)

Rubio v. Estate of Rubio

Opinion of the Court

PER CURIAM.

The order of distribution of the estate in question contained a clear and obvious mistake in providing that the appellants “assumed” the mortgages on the property-distributed to them, rather than taking it “subject to” the mortgages. The trial court therefore erred in denying a motion to correct the error and the cause is remanded to accomplish that purpose.

Reversed in part with directions.

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