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ELIE v. TFB PROPERTIES, INC.

No. 93-3766.

652 So.2d 1193 (1995)

Paul ELIE, Edgar C. Elie, Levlex Enterprises, Ltd. and Paul A. Woodell, Appellants, v. TFB PROPERTIES, INC., a Florida corporation, and Royal Rehab Corp., a Florida corporation, etc., et. al., Appellees.

District Court of Appeal of Florida, Fourth District.

March 22, 1995.

Attorney(s) appearing for the Case

Randall L. Leshin of the Law Offices of Randall L. Leshin, Pompano Beach, for appellants.

Richard H. Bergman and Lisa K. Hermann of Bergman and Jacobs, P.A., Miami, for appellees.

PER CURIAM.

We reverse a final summary judgment of foreclosure. The record reflects unresolved issues of material fact on affirmative defenses, which include issues of payment and the date of default, even without regard to two untimely affidavits filed by Appellants. Haven Fed. Sav. & Loan Ass'n v. Kirian, 579 So.2d 730 (Fla. 1991); Moore v. Morris, 475 So.2d 666 (Fla. 1985...

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