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OLYMPIA MORTGAGE CORP. v. PUGH

No. 4D00-128.

774 So.2d 863 (2000)

OLYMPIA MORTGAGE CORP., Appellant/Cross-Appellee, v. Theodore D. PUGH and Pamela A. Pugh, his wife, Appellees/Cross-Appellants, and John Doe and Jane Doe as unknown tenants in possession, Appellees.

District Court of Appeal of Florida, Fourth District.

December 27, 2000.

Attorney(s) appearing for the Case

Forrest G. McSurdy of Law Offices of David J. Stern, P.A., Plantation, for appellant/cross-appellee.

Steven L. Perry of McCarthy, Summers, Bobko, Wood, Sawyer, & Perry, P.A., Stuart, for Appellees/Cross-Appellants-Theodore Pugh and Pamela A. Pugh, his wife.

HAZOURI, J.

Olympia Mortgage Corporation (Olympia) filed a complaint for mortgage foreclosure against Theodore Pugh and Pamela Pugh. The Pughs asserted as an affirmative defense that the cause of action was barred by Florida Rule of Civil Procedure 1.420(a), the two-dismissal rule. In its final judgment, the trial court applied the two-dismissal rule and held that Olympia forfeited certain amounts owing on the mortgage, but not the total balance of the mortgage. Olympia...

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