MORTGAGE CORP. OF AMERICA v. INLAND CONST.

No. 84-1229.

463 So.2d 1196 (1985)

MORTGAGE CORPORATION OF AMERICA, Appellant, v. INLAND CONSTRUCTION COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 13, 1985.


Attorney(s) appearing for the Case

Adams, Ward, Hunter, Angones & Ward, Daniels & Hicks and Patrice A. Talisman, Miami, for appellant.

Greene & Cooper and Robyn Greene, Stephens, Lynn, Chernay & Klein, Miami, for appellee.

Before NESBITT, BASKIN and FERGUSON, JJ.


FERGUSON, Judge.

The central issue in this appeal is whether a trial court may refuse to grant a defendant's motion to vacate a final judgment, which vacation was agreed to by the parties pursuant to a settlement agreement, on the grounds that a severed third party defendant who received a summary judgment based on the original judgment might be adversely affected. We hold that it may not and reverse.

The facts leading up to this appeal are set forth in an...

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