LAMB v. PIKE

No. 94-2914.

659 So.2d 1385 (1995)

Charles LAMB and Lena Lamb, His Wife, Appellants, v. Michael J. PIKE and Virginia pIke, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

September 13, 1995.


Attorney(s) appearing for the Case

Alexander L. Martone, Boca Raton, for appellants.

Simon Schindler & Sandberg and Theodore R. Dempster and Roger J. Schindler, Miami, for appellees.

Before JORGENSON, COPE and GREEN, JJ.


PER CURIAM.

Defendants, Charles and Lena Lamb, appeal from an order in a foreclosure action granting plaintiffs, Michael and Virginia Pike's, motion for summary judgment on liability, accelerating mortgage payments, and striking defendants' pleadings. For the following reasons, we reverse.

In 1990, defendants purchased their home from plaintiffs, who took back a wraparound mortgage subject to an existing first mortgage on the property. Two years later defendants...

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