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. AdamsOpinion
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.