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MONTE v. TIPTON

No. 92-00780.

612 So.2d 714 (1993)

Kathryn MONTE, Appellant, v. Arlene TIPTON, Appellee.

District Court of Appeal of Florida, Second District.

January 27, 1993.

Attorney(s) appearing for the Case

Daniel Joy of Joy & Moran, Sarasota, for appellant.

Charles T. Canady and John V. Quinlan of Lane, Trohn, Clarke, Bertrand, Vreeland & Jacobson, P.A., Lakeland, for appellee.

RYDER, Acting Chief Judge.

Kathryn Monte challenges an order granting final summary judgment in this mortgage foreclosure action. We agree with appellant's argument that the Deadman's Statute does not bar her testimony which raised the issue of waiver or failure of a condition. Consequently, a factual dispute exists, and we reverse.

Arlene Tipton filed a mortgage foreclosure action against Kathryn Monte on April 22, 1991 alleging nonpayment of the August 1...

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