AL SPRINGER ROOFING & LOAN ASS'N v. FLAGLER FEDERAL S & L ASS'N

No. 77-714.

357 So.2d 478 (1978)

AL SPRINGER ROOFING CO., INC., a Florida Corporation, Appellant, v. FLAGLER FEDERAL SAVINGS AND LOAN ASSOCIATION OF MIAMI, a National Corporation, Appellee.

District Court of Appeal of Florida, Third District.

April 18, 1978.


Attorney(s) appearing for the Case

Robert S. Korschun, Miami, for appellant.

Keith, Mack, Lewis & Allison and Kim Ronald Blackman, Miami, for appellee.

Before PEARSON, HUBBART and KEHOE, JJ.


PEARSON, Judge.

The question to be decided on this appeal is whether a final judgment of foreclosure upon appellee's complaint left pending appellant-defendant's counterclaim which sought relief against the plaintiff upon the theory that materials furnished to the foreclosed property constituted an unjust enrichment to the plaintiff. The order appealed is described in the notice of appeal as "an order removing cause from non-jury trial calendar and amending a Summary...

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