Greene v. Columbia Federal Savings & Loan Ass'n of Miami Shores

BARKDULL, Judge.

The appellants, plaintiffs in the trial court [who brought an action sounding in tort alleging fraud in connection with the taking of a second mortgage to secure a loan], seek review of an adverse summary judgment wherein the trial judge said the following:

“This Court having concluded that this action involves only a question of law; namely, whether the claim asserted herein is such as would constitute a compulsory counterclaim in the mortgage foreclosure action heretofore brought * * * ”

Upon this appeal, they urge error in that the claim in the instant matter was not one that…