Adam Smith Enterprises, Inc. v. Barnes

SCHEB, Acting Chief Judge.

Appellant, Adam Smith Enterprises, Inc., appeals a final summary judgment foreclosing a second mortgage in favor of Ap-pellees, 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 Properties, Inc., a Florida general partnership, owned property in Pasco County. The partnership was experiencing financial difficulties.…