KISZ v. MASSRY

No. 81-2459.

426 So.2d 1009 (1983)

William F. KISZ and Ann T. Kisz, His Wife, Appellants, v. Mack MASSRY, Sandra Massry, Southeast First Bank of Largo and Leta S. Allen, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 24, 1983.


Attorney(s) appearing for the Case

Anthony P. Granese, Clearwater, for appellants.

Seymour A. Gordon of Gay and Gordon, St. Petersburg, for appellees.


NELSON, WILLIAM J., Associate Judge.

On June 30, 1978, an action to foreclose a mortgage on real property was filed by appellees. Appellants filed an answer and affirmative defenses raising the issue of statute of limitations. The only issue at trial was the determination of the applicability of the statute of limitations contained in section 95.281(1)(a) and (1)(b), Florida Statutes (1981). The trial was conducted in November, 1981. There was an oral understanding...

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