RUBIO v. ESTATE OF RUBIO

No. 3D10-708.

67 So.3d 1072 (2011)

Peter RUBIO and John Rubio, Appellants, v. The ESTATE OF Delia RUBIO, Appellee.

District Court of Appeal of Florida, Third District.

July 6, 2011.


Attorney(s) appearing for the Case

Robert M. Abramson , for appellants.

No appearance, for appellee.

Before ROTHENBERG and LAGOA, JJ., and SCHWARTZ, Senior Judge.


PER CURIAM.

The order of distribution of the estate in question contained a clear and obvious mistake in providing that the appellants "assumed" the mortgages on the property distributed to them, rather than taking it "subject to" the mortgages. The trial court therefore erred in denying a motion to correct the error and the cause is remanded to accomplish that purpose.

Reversed in part with...

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