FRYER v. MORGAN

No. 97-2575.

714 So.2d 542 (1998)

Thomas E. FRYER, Jr., Appellant, v. Dane MORGAN as Trustee of World Wide Air, Inc., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 29, 1998.


Attorney(s) appearing for the Case

Haber, Lewis & Pathman and Alex Kurkin and David B. Haber, Miami, for appellant.

Hustead & Magolnick and Robert M. Hustead, Homestead, for appellee.

Before NESBITT, GREEN and FLETCHER, JJ.


GREEN, Judge.

This appeal arises from a final summary judgment finding that appellee's deficiency judgment lien recorded against a third party properly attached to certain real property in which appellant claimed ownership and that appellee's judgment lien was superior. We reverse for the reasons stated.

Richard Kelly owned two apartment buildings located in Homestead, Florida at 1225 N.E. 1st Terrace ("1225 property") and 1127 N.E. 1st Avenue ("1127 property...

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