HAREN v. SUNDIE

No. 68-445.

219 So.2d 731 (1969)

Ralph W. HAREN and Thelma G. Haren, His Wife, Appellants, v. Rufus C. SUNDIE, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied March 24, 1969.


Attorney(s) appearing for the Case

Bernard Berman, Miami, and Fred Patrox, for appellants.

James F. Pollack, Miami, for appellee.

Before PEARSON, BARKDULL, and SWANN, JJ.


PER CURIAM.

The defendants have appealed from a summary final judgment in an action to foreclose a mortgage. It conclusively appears from the pleadings, depositions, answers to interrogatories, and affidavits that there is no genuine issue as to the allegations of the plaintiff's complaint. There does appear to be a genuine issue as to the allegation of the defendants' affirmative defense of payment.

The record when considered with every inference against...

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