SECURED REALTY INV. FUND v. HIGHLANDS INS.

No. 95-1531.

678 So.2d 852 (1996)

SECURED REALTY INVESTMENT FUND, LTD., III, Appellant, v. HIGHLANDS INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 18, 1996.


Attorney(s) appearing for the Case

Parrillo, Weiss & O'Halloran and Beth M. Gordon, Miami, for appellant.

Parenti, Falk, Waas & Frazier and Gail Leverett Parenti, Coral Gables, for appellee.

Before NESBITT, GREEN and FLETCHER, JJ.


NESBITT, Judge.

Plaintiff-appellant Secured Realty Investment Fund, Ltd., III ("Secured Realty") appeals from an adverse final summary judgment entered in favor of the defendant-appellee Highlands Insurance Company ("Highlands"). We reverse and remand the judgment entered for the following reasons.

On October 17, 1991, the Garcias entered into a mortgage and security agreement with Century Investment Company for a principal amount of $240,000. The mortgage...

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