SMITH v. HAGGARD

No. 1D05-4645.

961 So.2d 337 (2007)

Jimmy R. SMITH and Patricia Segrest Smith, Appellants, v. John Vernon HAGGARD and Wife, Jennifer Ann Haggard, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied April 23, 2007.


Attorney(s) appearing for the Case

Bret A. Moore, of The Moore Law Firm, P.A., Niceville, for Appellants.

Mark Welton and John C. Bryan, Jr., of Welton & Williamson, LLC, Crestview, for Appellees.


BROWNING, C.J.

Appellants appeal a final judgment of foreclosure and allege that the trial court erred by not determining that Appellants tendered legal payment to Appellees prior to the entry of the final judgment of foreclosure that barred its entry. We agree and reverse.

This appeal stems from an action to foreclose an agreement for deed given by the Appellees to Appellants. After considerable litigation the trial court entered the two orders that form...

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