BRAUN v. IVEY

No. 88-1766.

552 So.2d 1175 (1989)

Jeffrey S. BRAUN, As Trustee, Appellant, v. Dorothy P. IVEY and North Broward Hospital District, Appellees.

District Court of Appeal of Florida, Fourth District.

November 15, 1989.


Attorney(s) appearing for the Case

Rena K. Magolnick of Ronald L. Fried, P.A., Miami, for appellant.

Benjamin F. Lampkin, Jr., Fort Lauderdale, for appellee-Dorothy P. Ivey.


STONE, Judge.

We reverse a final order that rejected appellant's claim to foreclose a defaulted note and mortgage and granted appellee's counterclaim for damages. The trial court erred in concluding that the note was invalid.

The appellant acquired the note and mortgage by inheritance from Mitchell Braun (Braun). Braun had sold a house to Ivey and accepted the note and mortgage as the difference between the balance of the assumed first mortgage and the purchase...

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