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FALKNER v. AMERIFIRST FEDERAL SAV. AND LOAN

No. 85-2292.

489 So.2d 758 (1986)

Arthur FALKNER and Syble Falkner, His Wife, Appellants, v. AMERIFIRST FEDERAL SAVINGS AND LOAN ASSOCIATION, Previously Known As First Federal Savings and Loan Association of Miami, a United States Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 20, 1986.

Attorney(s) appearing for the Case

Arthur Falkner and Syble Falkner, Ft. Lauderdale, in prop. per.

Blackwell, Walker, Fascell & Hoehl and Diane H. Tutt, for appellee.

Before BARKDULL, DANIEL S. PEARSON and FERGUSON, JJ.

FERGUSON, Judge.

Plaintiffs appeal from an order denying their motion to vacate and set aside orders of dismissal. We reverse.

The Falkners commenced this action, pro se, against Amerifirst Federal Savings and Loan Association (Amerifirst) for "restitution of monies paid" under a mortgage. AmeriFirst filed a motion to dismiss and notice of hearing which was concededly mailed to an incorrect address. The order of dismissal was granted at a hearing which the...

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