BRINER v. GILMORE

No. 68-634.

229 So.2d 874 (1969)

C.G. BRINER, Appellant, v. Howard L. GILMORE and Erma Gilmore, Husband and Wife, and Harold A. Craig and Vera E. Craig, Husband and Wife, Appellees.

District Court of Appeal of Florida. Second District.

December 22, 1969.


Attorney(s) appearing for the Case

Gerald C. Surfus, of Nelson, Stinnett, Surfus, Korp & Payne, Sarasota, for appellant.

Clyde H. Wilson and Richard W. Seymour, of Wilson & Wilson, Sarasota, for appellees.


LILES, Acting Chief Judge.

Appellant, plaintiff in the trial court, filed his complaint for reformation and foreclosure of a mortgage on certain real property situate in Sarasota County. Appellees moved to dismiss and filed a "Certificate of Circuit Judge," which was a statement of another judge of the same circuit setting forth what occurred at a prior hearing involving the same claim and the same parties. The circuit court dismissed appellant's case and appellant...

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