From Casetext: Smarter Legal Research

Pyeatt v. Cullen

District Court of Appeal of Florida, Third District
Sep 7, 1984
454 So. 2d 17 (Fla. Dist. Ct. App. 1984)

Summary

In Pyeatt v. Cullen, 454 So.2d 17 (Fla. 3rd DCA 1984), the trial court dismissed an action to reform a mortgage because the suit was against a corporation owned in part by a woman who was not a party to the lawsuit.

Summary of this case from McCray v. Adams

Opinion

No. 84-236.

July 17, 1984. Rehearing Denied September 7, 1984.

Appeal from the Circuit Court, Monroe County, Bill G. Chappell, J.

Papy, Poole, Weissenborn Papy and Sheridan Weissenborn, Coral Gables, for appellant.

George A. Buchmann, South Miami, for appellees.

Before HUBBART, BASKIN and FERGUSON, JJ.


This is an appeal from dismissal of an action to reform a mortgage to reflect counsel's representations during settlement negotiations of a pending action.

Anne Cullen was not a party to the lawsuit brought against her husband, Richard, and a corporation jointly owned by the Cullens. As a result, the trial court correctly refused to reform the mortgage to reflect her collateral assignment of the mortgage securing the note signed by her husband.

Affirmed.


Summaries of

Pyeatt v. Cullen

District Court of Appeal of Florida, Third District
Sep 7, 1984
454 So. 2d 17 (Fla. Dist. Ct. App. 1984)

In Pyeatt v. Cullen, 454 So.2d 17 (Fla. 3rd DCA 1984), the trial court dismissed an action to reform a mortgage because the suit was against a corporation owned in part by a woman who was not a party to the lawsuit.

Summary of this case from McCray v. Adams
Case details for

Pyeatt v. Cullen

Case Details

Full title:RICHARD L. PYEATT, APPELLANT, v. ANNE T. CULLEN AND FRIENDSHIP INN OF KEY…

Court:District Court of Appeal of Florida, Third District

Date published: Sep 7, 1984

Citations

454 So. 2d 17 (Fla. Dist. Ct. App. 1984)

Citing Cases

McCray v. Adams

Bevis Construction Company v. Grace, 115 So.2d 84, 85 (Fla. 1st DCA 1959). In Pyeatt v. Cullen, 454 So.2d 17…