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FATHERLY v. CALIFORNIA FEDERAL BANK, FSB

No. 96-03855.

703 So.2d 1101 (1997)

Olivia McNeal FATHERLY, Appellant, v. CALIFORNIA FEDERAL BANK, FSB, f/k/a California Federal Savings & Loan Association, Appellee.

District Court of Appeal of Florida, Second District.

October 31, 1997.

Attorney(s) appearing for the Case

Robert E. Morris and John T. Golding, of Robert E. Morris, P.A., Tampa, for Appellant.

Peter N. Smith of Gurney & Handley, P.A., Orlando, for Appellee.

NORTHCUTT, Judge.

The record before the circuit court contained disputed issues of material fact. Therefore, we reverse the summary judgment foreclosing the mortgage on Olivia Fatherly's home.

The mortgagee, California Federal Bank, alleged in its complaint and in its motion for summary judgment that no payments had been made on the mortgage indebtedness since May 1, 1995. It submitted a form affidavit in support...

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