RUBIO & RUBIO V. ESTATE OF RUBIO

State: Florida

Court: Florida Third District Court

Docket No: 10-0708

Case Date: 07/06/2011

Preview:Third District Court of Appeal
State of Florida, January Term, A.D. 2011
Opinion filed July 6, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D10-708 Lower Tribunal No. 06-5277 ________________

Peter Rubio and John Rubio,
Appellants, vs.

The Estate of Delia Rubio,
Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Arthur Rothenberg, Judge. Robert M. Abramson, for appellants. No appearance, for appellee.

Before ROTHENBERG and LAGOA, JJ., and SCHWARTZ, Senior Judge. PER CURIAM.

The order of distribution of the estate in question contained a clear and obvious mistake in providing that the appellants "assumed" the mortgages on the property distributed to them, rather than taking it "subject to" the mortgages. The trial court therefore erred in denying a motion to correct the error and the cause is remanded to accomplish that purpose. Reversed in part with directions.

2

Download RUBIO & RUBIO V. ESTATE OF RUBIO.pdf