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KUSHNER v. WYNDSONG ESTATES

No. 4D13-935.

137 So.3d 527 (2014)

Jacqueline KUSHNER and Larry J. Kushner, Appellants, v. WYNDSONG ESTATES HOMEOWNERS ASSOCIATION, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

April 2, 2014.

Attorney(s) appearing for the Case

Jacqueline Kushner and Larry J. Kushner, Long Branch, New Jersey, pro se.

Joseph L. Thillman of Gerstein & Associates, Boca Raton, for appellee.

PER CURIAM.

We reverse the amended final judgment of foreclosure as the trial court should not have entered a final order while the appellants' counterclaim remained pending.1 See Peterson v. Affordable Homes of Palm Beach, Inc., 65 So.3d 112, 113 (Fla. 4th DCA 2011) (holding that summary judgment on a foreclosure claim was premature while the mortgagor's fraud counterclaim was still pending)...

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