VERDE CAPITAL CORP. v. GUTIERREZ

Nos. 88-2090, 88-2326.

548 So.2d 698 (1989)

VERDE CAPITAL CORPORATION, Appellant, v. Marta A. GUTIERREZ, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 9, 1989.


Attorney(s) appearing for the Case

Hall, Poller and O'Brien and Scott Alan Orth and Richard O'Brien, Miami, for appellant.

Bailey & Hunt and Sara Soto, Miami, for appellee.

Before BARKDULL, NESBITT and LEVY, JJ.


PER CURIAM.

The plaintiff, Verde Capital Corporation, appeals from an order dismissing with prejudice its third amended complaint and alternatively granting summary judgment in favor of appellee Marta A. Gutierrez. We affirm.

On June 9, 1979, Mrs. Gutierrez and her husband assumed a mortgage which stated that the mortgagor "covenant[s] and agree[s] to promptly pay when due the principal and interest and other sums of money provided for in said note and mortgage...

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