BAUM v. HEIMAN

No. 86-2716.

528 So.2d 63 (1988)

Abe BAUM, Individually, and As Trustee, Appellant, v. Ardis HEIMAN, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 3, 1988.


Attorney(s) appearing for the Case

Eliot R. Weitzman, Miami, for appellant.

Hershoff & Levy and Jay Levy, Miami, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and NESBITT, JJ.


NESBITT, Judge.

Abe Baum appeals a final judgment granting Ardis Heiman restitution. We reverse.

Baum lent Heiman and her husband $40,000 which was evidenced by a promissory note. After her husband died, Heiman defaulted on the loan. Baum filed an action against her and obtained a judgment which he recorded, thereby obtaining a lien on a condominium held in her name. Another creditor, Capital Bank, also received a judgment against her which it recorded. Heiman...

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