HOLLY HILL ACRES LTD. v. CHARTER BK. OF GAINESVILLE

No. 74-1251.

314 So.2d 209 (1975)

HOLLY HILL ACRES, LTD., a Limited Partnership, Appellant, v. CHARTER BANK OF GAINESVILLE, a Banking Corporation, et al., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 11, 1975.


Attorney(s) appearing for the Case

Robert D. Gatton, of Johnson, Motsinger, Trismen & Sharp, Orlando, for appellant.

Allison E. Folds, of Fagan, Crouch, Anderson & Folds, Gainesville, for appellee, Charter Bank of Gainesville.


SCHEB, Judge.

Appellant/defendant appeals from a summary judgment in favor of appellee/plaintiff Bank in a suit wherein the appellee sought to foreclose a note and mortgage given by appellant.

The appellee Bank was the assignee from appellees Rogers and Blythe of a promissory note and purchase money mortgage executed and delivered by the appellant. The note, executed April 28, 1972, contains the following stipulation:

This note with interest is secured...

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