ROBERTS v. HART

No. 89-1710.

573 So.2d 12 (1990)

Doris ROBERTS, Appellant, v. Thomas HART and Patricia Hart, His Wife, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

On Motion for Rehearing or Clarification January 30, 1991.


Attorney(s) appearing for the Case

Brian M. Berman of Smith & Berman, P.A., Hollywood, for appellant.

Ronald L. Davis of Ronald L. Davis, P.A., North Miami Beach, for appellees-Thomas and Patricia Hart.

Lori L. Heyer of Kimbrell & Hamann, P.A., Miami, for appellee-Federal Deposit Ins. Corp. ("FDIC").

Roger G. Stanway, Hollywood, for appellee-Ocean General Agency, Inc.

Jack E. London of London & Gamberg, Hollywood, for appellee-Wellington Peay, the Court appointed Receiver for Ocean General Agency, Inc.


GARRETT, Judge.

Appellant seeks review of the Final Judgment entered by the trial court in favor of appellees Thomas and Patricia Hart (Harts) on their complaint to reform and foreclose a note and mortgage. The trial court also ruled that appellant failed to prove the allegations of her "counterclaim" and cancelled her mortgage finding it to be null and void.

In 1984 the Harts sold their house to Robert Falcone (Mr...

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