Futrell v. Sunshine

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED FUTRELL CUSTOM POOLS, INC., Appellant, v. Case No. 5D12-2730 5D12-3346 SUNSHINE CUSTOM BUILDERS, INC., ET AL., Appellees. ________________________________/ Opinion filed April 26, 2013 Non-Final Appeal from the Circuit Court for Brevard County, John M. Harris, Judge. J. Preston Silvernail, Judge. Christopher M. Sprysenski and Dominick J. Salfi, of Salfi & Sprysenski, Altamonte Springs, for Appellant. Jeffry R. Jontz and Eric B. Jontz, of Swann, Hadley, Stump, Dietrich & Spears, P.A., Winter Park , for Appellee Hancock Bank. No Appearance for Appellee, Sunshine Custom Builders, Inc. PER CURIAM. In these consolidated mortgage foreclosure cases, Futrell Custom Pools, Inc. appeals non-final orders that vacated in part final judgments of foreclosure pursuant to Cone Brothers Construction Co. v. Moore, 193 So. 288 (Fla. 1940). Concluding that Cone Brothers is still good law, we reject Futrell s arguments. See Citimortgage, Inc. v. Henry, 24 So. 3d 641 (Fla. 2d DCA 2009). AFFIRMED. SAWAYA, PALMER and EVANDER, JJ., concur. 2

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