BAY COLONY OFFICE BLDG. JOINT VENTURE v. WACHOVIA MORTGAGE CO.

No. 76-1894.

342 So.2d 1005 (1977)

BAY COLONY OFFICE BUILDING JOINT VENTURE, a Partnership, et al., Appellants, v. WACHOVIA MORTGAGE COMPANY, a North Carolina Corporation, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

February 4, 1977.


Attorney(s) appearing for the Case

James W. Geiger, Fort Lauderdale, for appellants.

Patrick G. Kelley of Kelley, Tompkins, Frazier & Kelley, Fort Lauderdale, for appellees.


ALDERMAN, Judge.

After this appeal had been filed, and briefs from both parties received by this court, the appellees gave Notice of Withdrawal of Opposition to Appeal and moved that their own brief be stricken. With the contestants in apparent agreement that the court below should be reversed, we have considered the record carefully and find that we must concur that the trial court erred in striking, sua sponte, three...

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