HENDERSON v. REYES

No. 97-804.

702 So.2d 616 (1997)

Birgit HENDERSON, et al., Appellants, v. Riama S. REYES, f/k/a Riama S. Henderson, Appellee.

District Court of Appeal of Florida, Third District.

December 17, 1997.


Attorney(s) appearing for the Case

William P. McCaughan; Lyons & Smith, P.A., Miami; Perez, Goran & Rodriguez, P.A., Coral Gables, for appellants.

Kluger, Peretz, Kaplan & Berlin, P.A., and Michael D. Ehrenstein, Miami, for appellee.

Before SCHWARTZ, C.J., and JORGENSON and LEVY, JJ.


PER CURIAM.

Birgit Henderson and Maxmillian Henderson appeal from the lower court's orders in favor of Reyes based upon Reyes' motion for partial summary judgment, the order denying clarification or rehearing, and the final summary judgment of foreclosure. For the following reasons, we reverse.

The trial court erred in granting summary judgment in favor of Reyes while there were depositions that had not been completed and an outstanding request for the production...

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