Salomon v. Mid States Mortgage Corp., MID-STATES

Decision Date28 March 1978
Docket NumberNo. 77-405,MID-STATES,77-405
PartiesJose SALOMON, Appellant, v.MORTGAGE CORP., a Michigan Corporation, Appellee.
CourtFlorida District Court of Appeals

Appeal from Circuit Court, Dade County; Harold R. Vann, Judge.

Max A. Goldfarb, Miami, for appellant.

Krongold & Bass, Miami, for appellee.

Before HENDRY, NATHAN and KEHOE, JJ.

PER CURIAM.

In a suit for specific performance, plaintiff, Jose Salomon, appeals an order of the trial court setting aside a default entered against defendant, Mid-States Mortgage Corporation, and also a summary final judgment entered in favor of Mid-States and against plaintiff.

Review of the record discloses that the trial court did not err in setting aside the default against Mid-States. Heritage Supply Company v. Graham, 334 So.2d 840 (Fla. 1st DCA 1976); Associated Medical Institutions, Inc., v. Imperatori, 338 So.2d 74 (Fla. 3d DCA 1976). The trial court did, however, err in entering a summary final judgment for Mid-States since there are material issues of fact to be decided by the trier of fact.

Affirmed in part and reversed in part with directions.

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3 cases
  • B. C. Builders Supply Co., Inc. v. Maldonado
    • United States
    • Florida District Court of Appeals
    • November 3, 1981
    ...v. American Vinyl Co., 379 So.2d 448 (Fla.3d DCA 1980); McAlice v. Kirsch, 368 So.2d 401 (Fla.3d DCA 1979); Salomon v. Mid-States Mortgage Corp., 356 So.2d 915 (Fla.3d DCA 1978); Garcia Insurance Agency, Inc. v. Diaz, supra; Traveler's Insurance Co. v. Bryson, 341 So.2d 1013 (Fla. 4th DCA 1......
  • Miami-Dade County v. Coral Bay Section C
    • United States
    • Florida District Court of Appeals
    • March 19, 2008
    ...v. American Vinyl Co., 379 So.2d 448 (Fla. 3d DCA 1980); McAlice v. Kirsch, 368 So.2d 401 (Fla. 3d DCA 1979); Salomon v. Mid-States Mortgage Corp., 356 So.2d 915 (Fla. 3d DCA 1978); Garcia Insurance Agency, Inc. v. Diaz, supra; Travelers Insurance Co. v. Bryson, 341 So.2d 1013 (Fla. 4th DCA......
  • Clasby v. University of Miami, 77-507
    • United States
    • Florida District Court of Appeals
    • March 28, 1978
    ... ... , which Plaintiff had filed with the United States" Department of Health, Education and Welfare ...      \xC2" ... ...

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