DINES v. ULTIMO

No. 87-2181.

532 So.2d 1131 (1988)

Sander S. DINES, Pat Dines and Jack Dines, Appellants, v. Joseph ULTIMO, Kay Ultimo and Donald Rienzo, Jr., Appellees.

District Court of Appeal of Florida, Fourth District.

October 26, 1988.


Attorney(s) appearing for the Case

Bruce L. Hollander of Hollander & Associates, P.A., Hollywood, for appellants.

Jeffrey M. Liggio, West Palm Beach, for appellees-Ultimo.

Kenneth J. Duckworth, Hialeah, for appellee-Rienzo.


DAUKSCH, JAMES C., Jr., Associate Judge.

This is an appeal from a judgment denying a mortgage foreclosure. Because the mortgagees were entitled to foreclose their mortgage we reverse.

Rienzo is the son-in-law of the Ultimos. He tricked them into mortgaging their property to secure a note he made to appellants. When Rienzo delivered the note and mortgage to appellants they were unaware that the mortgage execution was obtained by fraud on the part of Rienzo...

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