Saints In Christ, Temple of the Holy Ghost v. Fowler

SMITH, Judge.

We affirm the summary final judgment of foreclosure entered subsequent to default judgment against appellants, but reverse the award of attorney’s fees, and order correction of the final judgment with respect to amounts stated as principal and interest due.

In their motion to set aside the default and resulting final judgment, appellants maintained as a defense to the foreclosure that the agreement for deed was unenforceable under Section 725.01, Florida Statutes (statute of frauds), because not signed by appellants or anyone on their behalf. The trial court correctly ruled that…