DAVIDPUR v. COUNNE

No. 3D06-2035.

972 So.2d 891 (2007)

Reva DAVIDPUR as Personal Representative of the Estate of Alex Kleiman, Appellant, v. Esther COUNNE, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied January 30, 2008.


Attorney(s) appearing for the Case

Broad and Cassel and Beverly A. Pohl, Fort Lauderdale, and Gary E. Lehman, Miami, for appellant.

Dienstag, Blanco & Cox and Mark Dienstag, Miami, for appellee.

Before WELLS and SUAREZ, JJ., and FLETCHER, Senior Judge.


Rehearing and Rehearing En Banc Denied January 30, 2008.

SUAREZ, J.

Reva Davidpur, as Personal Representative of the estate of Alex Kleiman, appeals a final judgment in favor of the defendant, Esther Counne, in a foreclosure action. We reverse. Counne defaulted under the note, but failed to present evidence of additional consideration to support her defense that the note had been orally modified to allow her to postpone payments.

In 2003, Esther Counne...

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