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SURETY MORTG., INC. v. EQUITABLE MORTG. RES., INC.

No. 87-3614.

534 So.2d 780 (1988)

SURETY MORTGAGE, INC., d/b/a SMI Financial, a Division of Surety Mortgage, Inc., Appellant/Cross-Appellee, v. EQUITABLE MORTGAGE RESOURCES, INC., a Florida Corporation, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 13, 1988.

Attorney(s) appearing for the Case

Steven Carta of Simpson, Henderson, Savage & Carta, Fort Myers, for appellant/cross-appellee.

Anne S. Mason of Joseph C. Mason, Jr., P.A., Clearwater, for appellee/cross-appellant.

SCHOONOVER, Judge.

The appellant, Surety Mortgage, Inc., d/b/a SMI Financial, a Division of Surety Mortgage, Inc. (SMI), challenges a final judgment entered in its favor in an action it brought against the appellee, Equitable Mortgage Resources, Inc. (EMR). EMR cross-appeals that same final judgment. We find that the trial court erred in denying SMI's motion for new trial on the issue of damages and, accordingly, reverse.

SMI filed an action against EMR seeking...

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