CALDWELL v. MANTEI

No. 88-01545.

544 So.2d 252 (1989)

L.R. CALDWELL, Jr., and Ora O. Caldwell, Individually and As Sole Trustees of Hickory Hammock Farms, Inc., a Dissolved Florida Corporation, Appellants, v. Herman MANTEI and Marjorie Y. Mantei, His Wife, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 8, 1989.


Attorney(s) appearing for the Case

A. Anne Owens, Lakeland, and Richard A. McKinley, Bartow, for appellants.

Jack P. Brandon and Kerry M. Wilson of Peterson, Myers, Craig, Crews, Brandon & Mann, P.A., Winter Haven, for appellees.


PARKER, Judge.

The Caldwells, individually and as sole trustees of Hickory Hammock Farms, Inc., a dissolved Florida corporation, appeal a final order of summary judgment in favor of appellees, the Manteis. The trial court's order found that Mr. and Mrs. Mantei were, as a matter of law, entitled to foreclosure of certain notes and mortgages owed by the appellants. For the reasons which follow, we reverse and direct that the complaint be dismissed.

The property...

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