ASPEN INVESTMENTS CORP. v. HOLZWORTH

No. 90-2914.

587 So.2d 1374 (1991)

ASPEN INVESTMENTS CORPORATION, Appellant, v. Helen E. HOLZWORTH, David Fraser, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 20, 1991.


Attorney(s) appearing for the Case

Gerald J. Houlihan, Norman Davis, Miguel M. de la O of Steel Hector and Davis, Miami, for appellant.

Layne Verebay and Bruce H. Freedman of Freedman & Verebay, P.A., North Miami Beach, for appellee-David Fraser.


STONE, Judge.

The trial court entered a directed verdict in favor of cross-defendant, Fraser, following a jury verdict for cross-plaintiff, Aspen Investments. We reverse. The case began as a mortgage foreclosure. Prior to trial, Aspen settled with the mortgagees by stipulating to the foreclosure but expressly reserved its claims against Fraser.

Aspen's cross-claim was for civil theft and slander of title. The trial court found, as to the civil theft claim...

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