GOMEZ v. AMERICAN SAV. AND LOAN ASS'N

No. 4-86-2695.

515 So.2d 301 (1987)

Carlos GOMEZ and Paulina Gomez, Appellants, v. AMERICAN SAVINGS AND LOAN ASSOCIATION, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 1, 1987.


Attorney(s) appearing for the Case

Alec Ross, North Miami Beach, for appellants.

Ira R. Gordon of Broad and Cassel, Miami, for appellee.


PER CURIAM.

It was error to enter summary judgment in favor of plaintiff, American Savings and Loan Association, because there were disputed and unresolved questions of material fact which prevented entry of judgment as a matter of law. Fla.R.Civ.P. 1.510(c). For instance, there was an issue as to whether American gave written notice of appellants' breach of the mortgage agreement as provided in paragraph eighteen thereof, F.A. Chastain Construction, Inc. v. Pratt...

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