Stevens v. Jefferson National Bank of Miami Beach

KEHOE, Judge.

Appellants, defendants below, bring this interlocutory appeal from an order dated April 28, 1977, entered by the trial court denying their motion to dismiss appellee’s, plaintiff below, complaint. We have concluded that the trial court erred by denying appellants’ motion to dismiss in regard to Count III of appellee’s complaint.

Appellee filed a complaint seeking to foreclose a mortgage on certain real property in Dade County owned by appellants. Among other things, it was alleged that appellants executed a mortgage on June 19, 1973, with appellee and that there remained due…