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Dennis v. American Medical Express

District Court of Appeal of Florida, Third District
May 10, 2000
763 So. 2d 392 (Fla. Dist. Ct. App. 2000)

Opinion

No. 3D99-1885

Opinion filed May 10, 2000

An appeal from the Circuit Court for Dade County, Eleanor Schockett, Judge, L.T. No. 96-6999.

Wayne Dennis, in proper person.

Keith Mack and Norman S. Segall, for appellee.

Before SCHWARTZ, C.J., and COPE and SORONDO, JJ.


Wayne E. Dennis and Stormy Investments, Inc. appeal a summary final judgment in a mortgage foreclosure case. We affirm.

Defendants-appellants Dennis and Stormy Investments first contend that the trial court should have disqualified opposing counsel. We concur with plaintiff-appellee American Medical Express Corp. that the applicable rules are rules 4-1.10(b) and (c), of the Rules Regulating the Florida Bar, and that disqualification was not called for under the circumstances of this case. See Nissan Motor Corp. v. Orozco, 595 So.2d 240, 242-43 (Fla. 4th DCA 1992).

Defendants next contend that the trial court erred by granting summary judgment against them on their counterclaim. We entirely agree that the appellee was entitled to summary judgment under the Federal and Florida Fair Debt Collection Practices Acts, see 15 U.S.C. § 1692a(5), (6); § 559.55(1), (6), Fla. Stat. (1995), and that there was no slander of title. See Palmer v. Shelby Plaza Motel, Inc., 443 So.2d 285, 286 (Fla.2d DCA 1983).

The foreclosure action was ultimately resolved by defendants' payment of the debt.

Affirmed.


Summaries of

Dennis v. American Medical Express

District Court of Appeal of Florida, Third District
May 10, 2000
763 So. 2d 392 (Fla. Dist. Ct. App. 2000)
Case details for

Dennis v. American Medical Express

Case Details

Full title:WAYNE E. DENNIS and STORMY INVESTMENTS, INC. Appellants, vs. AMERICAN…

Court:District Court of Appeal of Florida, Third District

Date published: May 10, 2000

Citations

763 So. 2d 392 (Fla. Dist. Ct. App. 2000)

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