ADAM SMITH ENTERPRISES, INC. v. BARNES

No. 88-1957.

539 So.2d 549 (1989)

ADAM SMITH ENTERPRISES, INC., Appellant, v. W. Kenneth BARNES, Jr., and Jane L. Barnes, Appellees.

District Court of Appeal of Florida, Second District.

March 8, 1989.


Attorney(s) appearing for the Case

Julia Sullivan Waters of Holland & Knight, Tampa, for appellant.

L. Geoffrey Young of Robbins, Gaynor & Bronstein, P.A., St. Petersburg, for appellees.


SCHEB, Acting Chief Judge.

Appellant, Adam Smith Enterprises, Inc., appeals a final summary judgment foreclosing a second mortgage in favor of Appellees, W. Kenneth Barnes, Jr. and Jane L. Barnes. We agree with Adam Smith's contention that the Barnes did not conclusively establish the absence of a genuine issue of material fact. Therefore, we reverse.

We begin by summarizing the relevant facts in this somewhat complex mortgage foreclosure action. Preferred...

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