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Blanco v. Allen

District Court of Appeal of Florida, Fourth District
Jul 22, 1987
509 So. 2d 1356 (Fla. Dist. Ct. App. 1987)

Opinion

No. 4-86-2128.

July 22, 1987.

Appeal from the Circuit Court for Broward County; Louis Weissing, Judge.

Bret Shawn Clark, Miami, for appellants.

Julie Pressly and Larry Klein, of Klein Beranek, P.A., West Palm Beach, and Thomas Billington, Pompano Beach, for appellee Julianne Allen.


Appellants appeal from a summary final judgment of foreclosure entered against them. We reverse. A trial court may only enter a summary judgment where there is a complete absence of a genuine issue of material fact. Holl v. Talcott, 191 So.2d 40 (Fla. 1966). The trial court's grant of summary judgment on the pleadings and affidavits in this matter represents the adjudication of the issues rather than the determination of the nonexistence of a genuine issue of material fact. Ham v. Heintzelman's Ford, Inc., 256 So.2d 264 (Fla. 4th DCA 1971).

REVERSED and REMANDED for further proceedings.

ANSTEAD, LETTS and DELL, JJ., concur.


Summaries of

Blanco v. Allen

District Court of Appeal of Florida, Fourth District
Jul 22, 1987
509 So. 2d 1356 (Fla. Dist. Ct. App. 1987)
Case details for

Blanco v. Allen

Case Details

Full title:FRANK AND KRISTEN BLANCO, APPELLANTS, v. JULIANNE M. ALLEN A/K/A JULIANNE…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 22, 1987

Citations

509 So. 2d 1356 (Fla. Dist. Ct. App. 1987)

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