Al Springer Roofing Co. v. Flagler Federal Savings & Loan Ass'n of Miami

PEARSON, Judge.

The question to be decided on this appeal is whether a final judgment of foreclosure upon appellee’s complaint left pending appellant-defendant’s counterclaim which sought relief against the plaintiff upon the theory that materials furnished to the foreclosed. property constituted an unjust enrichment to the plaintiff. The order appealed is described in the notice of appeal as “an order removing cause from non-jury trial calendar and amending a Summary Final Judgment.”1

*479A complaint for foreclosure of mortgage was filed by the appellee, Flagler Federal Savings and Loan…