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GE Capital Mortgage Services, Inc. v. Canales
Citations: 691 So. 2d 21; 1997 Fla. App. LEXIS 3207Docket: No. 96-2150
Court: District Court of Appeal of Florida; March 25, 1997; Florida; State Appellate Court
GE Capital Mortgage Services, Inc. appeals a trial court order related to a mortgage foreclosure action against Maguy Canales and others. Initially, the order seems to be a non-appealable, non-final decision denying GE's motion for summary judgment. However, further analysis indicates that the trial court not only denied GE's acceleration request but also modified the mortgage terms despite the appellees presenting no valid defense. The appellate court acknowledges the trial judge's intention to mitigate the appellees' hardships but emphasizes that the law mandates enforcement of the note and mortgage terms in the absence of a valid defense. The appellate court reverses the trial court's order and remands the case for proceedings aligned with this ruling.