NOVOA v. AMERISOURCE CORP.

No. 3D03-161.

860 So.2d 506 (2003)

Tony NOVOA and Drumia Novoa, Appellants, v. AMERISOURCE CORPORATION, Appellee.

District Court of Appeal of Florida, Third District.

November 26, 2003.


Attorney(s) appearing for the Case

Woodbury & Santiago and Michael P. Woodbury, for appellants.

Raul Gastesi and Leonardo G. Renaud, for appellee.

Before COPE, LEVY and SHEVIN, JJ.


SHEVIN, Judge.

Tony Novoa and Drumia Novoa appeal an order granting a summary judgment in favor of judgment creditor, Amerisource Corporation, in its action to foreclose on real property. We reverse.

Mr. Novoa argues on appeal that he presented sufficient evidence at the summary judgment hearing that the property was homestead, and not subject to foreclosure by the creditor, to create an issue of fact precluding summary judgment. Mrs. Novoa asserts that the...

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