District Court of Appeal of Florida September 27, 1966, No. 65-985 (Greene v. Columbia Federal Savings & Loan Ass'n of Miami Shores)

BARKDULL, Judge.

The appellants, plaintiffs in the trial court [who brought an action sounding in tort alleging fraud in connection with the taking of a second mortgage to secure a loan], seek review of an adverse summary judgment wherein the trial judge said the following:

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“This Court having concluded that this action involves only a question of law; namely, whether the claim asserted