ROLF'S MARINA, INC. v. RESCUE SERVICE & REPAIR, INC.

No. 80-1385.

398 So.2d 842 (1981)

ROLF'S MARINA, INC., a Florida Corporation, Appellant, v. RESCUE SERVICE & REPAIR, INC., a Florida Corporation; Edward T. Gagnon and Jean Gagnon a/K/a E. Jean Gagnon, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 3, 1981.


Attorney(s) appearing for the Case

Robert S. Appleton (Marathon); John A. Finn, Miami, for appellant.

Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern and R. Benjamine Reid, Miami, for appellees.

Before HENDRY, NESBITT and FERGUSON, JJ.


HENDRY, Judge.

Appellant, ordered to choose between inconsistent forms of relief, elected a remedy which proved to be legally unavailable. We reverse that portion of the final order which dismissed appellant for failure to state a legal claim, and remand with leave to appellant to pursue its formerly abandoned positions. We affirm the entry of judgment of foreclosure.

Appellant is a Florida corporation chartered...

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