BROOKS v. BROOKS

No. 83-1888.

454 So.2d 804 (1984)

John Caldwell BROOKS, Appellant, v. Joan R. BROOKS and Mary F. Martin, Appellees.

District Court of Appeal of Florida, Second District.

September 5, 1984.


Attorney(s) appearing for the Case

Joel R. Tew, Tampa, for appellant.

H.H. Baskin, Jr. of Baskin & Benninson, P.A., Clearwater, for appellees.


PER CURIAM.

John Brooks, the mortgagee in this foreclosure action, appeals the final order of dismissal granting summary judgment in favor of appellees Mary Martin and Joan Brooks. We reverse.

Reviewing the record in a light most favorable to appellant, as we must, we hold that genuine issues of material fact exist with respect to the circumstances surrounding the failure of the title company to timely mail the October 31, 1982, payment. Fla.R.Civ.P. 1.510...

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