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LIBERTY BUS. CREDIT CORP. v. SCHAFFER/DUNADRY

No. 90-03616.

589 So.2d 451 (1991)

LIBERTY BUSINESS CREDIT CORPORATION, a Pennsylvania corporation, Appellant, v. SCHAFFER/DUNADRY, a Florida general partnership; Schaffer Properties, Inc., a Florida corporation and Dunadry Development U.S., Inc., a Florida corporation, individually and as general partners of Schaffer/Dunadry, a Florida general partnership; and Kalin Enterprises, Inc., a Florida corporation successor by merger to Kalin Financial, Inc.,; Robert E. Schaffer; Joyce C. Schaffer; and Niall Falloon, Appellees.

District Court of Appeal of Florida, Second District.

November 20, 1991.

Attorney(s) appearing for the Case

Harris K. Solomon, Brinkley, McNerney, Morgan & Solomon, Fort Lauderdale, for appellant.

James E. Aker, Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A., Sarasota, for appellees.

THREADGILL, Judge.

The appellant challenges an order denying its motion for determination of credit against guarantors of a mortgage debt. The motion necessitated an evidentiary hearing as to the amount of deficiency, if any, owed on the mortgage after foreclosure. We reverse the order on the ground that the trial court abused its discretion in disallowing the appellant's evidence.

The appellant sued to foreclose...

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