Eastland Investment Co. v. Baker

HENDRY, Chief Judge.

Appellants, defendants below, bring this consolidated appeal from two judgments of the trial court, to-wit: a partial summary judgment and a final judgment of foreclosure.

The only question presented for our determination is whether there remained genuine issues of material fact left unresolved, precluding the entrance of summary judgment and subsequent final judgment and foreclosure.

Briefly stated, the facts are as follows: Appellees, trustees of Barnett Mortgage Trust, instituted suit to foreclose upon a mortgage and note executed by appellant Eastland Investment Company…