SMITH v. BARRETT

No. 89-1226.

564 So.2d 582 (1990)

Thomas M. SMITH and James M. Ponterio, Appellants, v. Emma BARRETT, Eloise Knight D/B/a All Action, Inc., and the Keyes Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 16, 1990.


Attorney(s) appearing for the Case

Jon Jay Ferdinand of Law Offices of Ferdinand & Singh, Fort Lauderdale, for appellants.

Wynne M. Casteel, Jr. of Wenkstern & Casteel, Fort Lauderdale, for appellees.


DELL, Judge.

This appeal is from a final summary judgment entered in favor of appellees on their counterclaim for foreclosure of a mortgage. We reverse.

Two weeks before the scheduled hearing on appellees' motion for summary judgment, appellants filed a motion to amend their answer to assert the affirmative defenses of fraud in the inducement and failure of consideration. Appellants made two unsuccessful attempts to have their motion heard prior to the hearing...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases