Milgen Development, Inc. v. Goodman

NATHAN, Judge.

This is the consolidation of two appeals wherein appellant, plaintiff in the trial court, seeks reversal of an order denying attorney’s fees as well as a subsequent order denying relief under Rule 1.540(b), R. C.P.

This cause arose out of a mortgage foreclosure. The appellant, Milgen Development, Inc., owned and was constructing an apartment complex in Hialeah, Florida. The Goodmans, appellees herein, purchased the apartment complex, and gave back to Milgen a purchase money mortgage, conditioned upon the completion of the building. A conflict arose concerning the state of…