BENSMAN v. De LUCA

No. 4-86-0210.

498 So.2d 645 (1986)

Seymour BENSMAN and Michael Rosen, Appellants, v. Louis DE LUCA and Domenica De Luca, His Wife, Appellees.

District Court of Appeal of Florida, Fourth District.

December 10, 1986.


Attorney(s) appearing for the Case

Bruce H. La Kam, Pompano Beach, for appellants.

Samuel R. Danziger of Goodhard & Rosner, P.A., Miami, for appellees.


GLICKSTEIN, Judge.

This is an appeal from a summary final judgment of foreclosure. We reverse and remand with direction to award appellees any unreimbursed insurance premium even should appellants prevail.

Appellees contend that foreclosure was proper because (a) appellants' payment on September 5, 1985, was one day after the thirty day grace period had expired; (b) appellants did not pay 1984 real estate taxes until April 2, 1985; (c) appellants did not keep...

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