GREENE v. COLUMBIA FEDERAL SAVINGS & LOAN ASS'N OF MIAMI SHORES

No. 65-985.

190 So.2d 430 (1966)

Eli B. GREENE and Dorothy R. Greene, Appellants, v. COLUMBIA FEDERAL SAVINGS AND LOAN ASSOCIATION OF MIAMI SHORES, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied October 18, 1966.


Attorney(s) appearing for the Case

L.J. Cushman, Miami, for appellants.

Wicker, Smith, Pyszka, Blomqvist & Davant, Miami, for appellee.

Before HENDRY, C.J., and BARKDULL and SWANN, JJ.


BARKDULL, Judge.

The appellants, plaintiffs in the trial court [who brought an action sounding in tort alleging fraud in connection with the taking of a second mortgage to secure a loan], seek review of an adverse summary judgment wherein the trial judge said the following:

* * * * * * "This Court having concluded that this action involves only a question of law; namely, whether the claim asserted herein is such as would constitute a compulsory...

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