GE Capital Mortgage Services, Inc. v. Canales

GE Capital Mortgage Services, Inc. [GE] appeals an order of the trial court which was entered on GE’s motion for summary judgment in a mortgage foreclosure action against Maguy Canales, et al. At first blush, it appears that the order is a non-appealable, non-final order denying GE’s motion for summary judgment. A closer examination reveals, however, that the trial court went on to deny the acceleration request and to alter the terms of the mortgage notwithstanding the total absence of any defense put forward by the appellees. One can certainly understand the trial judge’s desire to avoid…