KERBER v. CHADAN, INC.

No. 78-382.

364 So.2d 1264 (1978)

Francis J. KERBER, J. Gregory Bartels, and Emil Miles, Trustees, and Mary Jane Durbin, Appellants-Cross Appellees, v. CHADAN, INC., a Florida Corp., Farrell's Holiday by the Sea, Inc., a Florida Corp., and K.R.G. Realty, Inc., a Florida Corp., Appellees-Cross Appellants.

District Court of Appeal of Florida, Fourth District.

December 13, 1978.


Attorney(s) appearing for the Case

Patrick H. Weidenbenner of O'Connell & Cooper, P.A., West Palm Beach, for appellants.

Ted P. Galatis, Fort Lauderdale, for appellees.


DAUKSCH, Judge.

In this mortgage foreclosure case the trial judge entered summary judgment for the mortgagors thereby sustaining their defense to the foreclosure.

The complaint sets out default by the mortgagors and otherwise alleges sufficient grounds for foreclosure. The defendants responded variously and ultimately set out a defense of equitable estoppel. There is a factual question to be resolved as to whether there was an equitable estoppel. For example...

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