BARENTINE v. CLEMENTS

No. 75-1173.

328 So.2d 878 (1976)

Joseph E. BARENTINE and Ruth S. Barentine, Appellants, v. Albert C. CLEMENTS, Appellee.

District Court of Appeal of Florida, Second District.

March 24, 1976.


Attorney(s) appearing for the Case

Lou Tally of Tally & Moore, Umatilla, for appellants.

Frank T. Gaylord of Gaylord, Ray & Gaylord, Eustis, for appellee.


HOBSON, Judge.

Albert Clements, appellee, brought an action to foreclose a mortgage on certain real property owned by appellants, Joseph and Ruth Barentine. Appellants filed an answer in which they admitted non-payment but denied default. Appellants raised an affirmative defense. They alleged that an extension on the payments had been granted and the extention agreement reduced to writing.

Appellee moved for a "judgment on the pleadings," contending that the...

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