TIPPETT v. FRANK

No. 69-1032.

238 So.2d 671 (1970)

Esther Cassel TIPPETT, Appellant, v. Cidell FRANK, Appellee.

District Court of Appeal of Florida, Third District.

August 18, 1970.


Attorney(s) appearing for the Case

David F. Cerf, Jr., and Robert C. Birmelin, Miami, for appellant.

Melvyn Trute, Herman Cohen and Marvin M. Green, Miami, for appellee.

Before PEARSON, C.J., and CHARLES CARROLL, J., and BALABAN, HENRY L., Associate Judge.


BALABAN, HENRY L., Associate Judge.

Appellant, a mortgagee, seeks review of a summary judgment entered against her in a mortgage foreclosure action. Appellant and the mortgagor (not a party to the appeal) were defendants below. The appellee was plaintiff below and also a mortgagee.

The complaint herein alleged that defendant, TIPPETT, "may claim some interest in the mortgaged property by virtue of a second mortgage assigned to said defendant." The record discloses...

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