
    COMMUNITY ACRES ASSOCIATES, Appellant/Cross Appellee, v. TRIPLE D PROPERTIES, INC., Appellee/Cross Appellant, and Michael Baylin, Appellee.
    No. 88-2050.
    District Court of Appeal of Florida, Fourth District.
    Dec. 28, 1989.
    Nancy Little Hoffmann of Nancy Little Hoffmann, P.A., Fort Lauderdale, for appellant/cross appellee.
    Todd S. Frankenthal and Robert A. Ware of English, McCaughan & O’Bryan, Fort Lauderdale, for appellee/cross appellant.
    V.J. Voorheis of V.J. Voorheis, P.A., Fort Lauderdale, for appellee.
   PER CURIAM.

AFFIRMED.

GLICKSTEIN and WALDEN, JJ., concur.

WARNER, J., dissents with opinion.

WARNER, J.,

dissenting.

I respectfully dissent from the affirmance of this final summary judgment. In my opinion there are disputed issues of fact with respect to the affirmative defenses which preclude entry of summary judgment. I would also reverse the award of attorney’s fees to Michael Baylin who was assigned a portion of the mortgage, because under the terms of the partial assignment the assignor retained the right and obligation to pursue foreclosure proceedings.  