SCHMIDT INDUSTRIES, INC. v. BARNETT BANK, SOUTH FLA.

No. 87-2017.

529 So.2d 373 (1988)

SCHMIDT INDUSTRIES, INC., a Missouri Corporation, Appellant, v. BARNETT BANK OF SOUTH FLORIDA, N.A., Successor by Merger to Bank of Hallandale & Trust Company, Appellee.

District Court of Appeal of Florida, Fourth District.

August 17, 1988.


Attorney(s) appearing for the Case

Mark Perlman of Perlman & Perlow, P.A., Hallandale, for appellant.

Jeffrey Allan Hirsch and Kenni F. Judd of Holland & Knight, Fort Lauderdale, for appellee.


PER CURIAM.

Appellee, Barnett Bank, filed a suit to foreclose its mortgage on property owned by Solic Properties, naming appellant, Schmidt Industries, a second mortgagee, as a defendant. Schmidt filed an answer containing affirmative defenses, a counterclaim, and other pleadings not pertinent here. The trial court entered a summary judgment in favor of appellee, holding that the record demonstrated no genuine issue of fact.

We disagree and reverse. The affirmative...

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