GUTIERREZ v. BERMUDEZ

No. 88-747.

540 So.2d 888 (1989)

Victor GUTIERREZ, et al., Appellants, v. Yraida Leyva BERMUDEZ, Etc., Appellee.

District Court of Appeal of Florida, Fifth District.

March 23, 1989.


Attorney(s) appearing for the Case

Ronald L. Harrop of Gurney & Handley, P.A. and Robert Rodriguez, Orlando, for appellants.

Valerie W. Evans of Rafael de Armas, P.A., Orlando, for appellee.


ORFINGER, Judge.

The trial court summarily dismissed the appellants' action to reestablish a lost promissory note and mortgage and to foreclose that mortgage, after trial had commenced, because the appellants could not produce the original note. Because of both substantive and procedural errors in the proceedings below, we reverse.

Appellants sued Clementina Bermudez seeking to foreclose a mortgage. Count I sought to foreclose the mortgage while Count II sought...

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