KIRIAN v. HAVEN FEDERAL SAV. AND LOAN ASS'N

No. 89-1538.

560 So.2d 380 (1990)

Larry F. KIRIAN, et al., Appellants, v. HAVEN FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellee.

District Court of Appeal of Florida, First District.

April 27, 1990.


Attorney(s) appearing for the Case

Alan K. Smith, of Strohauer & Smith, Clearwater and Lawrence J. Hamilton, II, of Holland & Knight, Jacksonville, for appellants.

James J. Taylor, of Gable, Taylor & Deese, Jacksonville, for appellee.


BARFIELD, Judge.

Appellants challenge a trial court order granting a motion to sever legal counterclaims from a foreclosure action under the authority of section 702.01, Florida Statutes (1987), which they claim violates the doctrine of separation of powers. They also challenge a later order striking their affirmative defenses and granting summary judgment for appellee on the foreclosure action. We reverse both orders.

Appellee Haven Federal Savings and Loan...

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