CRIADO v. MILGRAM

No. 69-810.

237 So.2d 596 (1970)

Jose CRIADO and Dulce Criado, His Wife, Appellants, v. James MILGRAM, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 14, 1970.


Attorney(s) appearing for the Case

Albert P. Rosillo, Miami, for appellants.

Gus Efthimiou, Jr., Miami, for appellee.

Before CHARLES CARROLL, HENDRY and SWANN, JJ.


PER CURIAM.

The appellee filed his complaint to foreclose a mortgage of which he was the assignee. The appellants, Jose Criado and his wife, denied being in default on the mortgage, and answered the complaint, affirmatively defending on the ground that payment had been made and further, that Milgram had been guilty of fraud. However, the court struck the above affirmative defenses, and subsequently, the appellants moved to interpose the defense of waiver and estoppel...

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