HAMILTON v. BANK OF PALM BEACH & TRUST CO.

No. 76-1465.

348 So.2d 1190 (1977)

William S. HAMILTON, Appellants, v. BANK OF PALM BEACH AND TRUST COMPANY, Etc., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

July 15, 1977.


Attorney(s) appearing for the Case

H. Bryant Sims, Moore, Winkel, Sims & Kenney, Palm Beach, for appellants.

George W. Cornell, Mahoney, McNulty & McCarthy, Boca Raton, for appellees David Carey Woll, Administrator of the Estate of Cynthia W. Geddes, deceased, and J. Albert Woll.

H.D. Faust, Burns, Middleton, Farrell & Faust, Palm Beach, for appellee Bank of Palm Beach and Trust Co.


DOWNEY, Judge.

We have for review a summary final judgment foreclosing a mortgage. We find genuine issues of fact which preclude summary judgment against the appellant and reverse.

In material part, the complaint alleged that (a) the appellee Bank was the owner and holder of a promissory note and mortgage encumbering the real property in question and that said note was in default; (b) appellant William S. Hamilton might claim some interest in said property...

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