564 So. 2d 582 | Fla. Dist. Ct. App. | 1990
This appeal is from a final summary judgment entered in favor of appellees on their counterclaim for foreclosure of a mortgage. We reverse.
Two weeks before the scheduled hearing on appellees’ motion for summary judgment, appellants filed a motion to amend their answer to assert the affirmative defenses of fraud in the inducement and failure of consideration. Appellants made two unsuccessful attempts to have their motion heard prior to the hearing on appellees’ motion for summary judgment. At the hearing on appellees’ motion, the trial court denied appellants’ motion for leave to amend and to continue the hearing. The trial court then entered summary judgment in favor of appellees.
Accordingly, we reverse the final summary judgment and we remand this cause for further proceedings consistent with this opinion. See Leavitt v. Garson, 528 So.2d 108 (Fla. 4th DCA 1988).
REVERSED and REMANDED.