BARBER v. EHRICH

No. 80-464.

394 So.2d 220 (1981)

Alan T. BARBER and Ruth R. Barber, As Trustees of the Barber Industries, Inc., Profit Sharing Plan and Trust, Formerly Barber Block Plant, Inc., Profit Sharing Retirement Trust, Appellants, v. Brice W. EHRICH, Appellee.

District Court of Appeal of Florida, Fifth District.

February 25, 1981.


Attorney(s) appearing for the Case

Terry D. McKnight, Zephyrhills, for appellants.

John Franklin Johnson, Jr., Bushnell, and Richard McGee, Brooksville, for appellee.


COBB, Judge.

This case involves a question of whether the trial court erred in granting a new trial.

The appellants (the Barbers) instituted a mortgage foreclosure action against the appellee (Ehrich). In their complaint, the Barbers alleged that Ehrich had executed a first note to the trust on November 4, 1974, and that he had subsequently executed a second note, along with a mortgage that was recorded, on January 6, 1975. A copy of the November 4, 1974,...

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