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BEAL BANK, SSB v. SCHILLECI

1021223.

896 So.2d 395 (2004)

BEAL BANK, SSB v. Frank S. SCHILLECI, Jr.

Supreme Court of Alabama.

Opinion on Return to Remand September 17, 2004.

Attorney(s) appearing for the Case

Gary W. Farris and Graham H. Stieglitz of Burr & Forman, LLP, Birmingham, for appellant.

Douglas Corretti of Corretti, Newsom & Hawkins, Birmingham; and Donna Richardson Shirley, Birmingham, for appellee.

HARWOOD, Justice.

On November 8, 1999, George Babakitis, as administrator ad colligendum of the estate of Joseph T. Robino, Jr., deceased, filed a complaint seeking declaratory relief, asking the trial court (1) to set aside a foreclosure sale on property known as the Lorna Village Shopping Center ("Lorna Village") that was jointly owned by Joseph T. Robino, Jr. ("Joseph Jr."), and his brother, S.T. Robino ("S.T."); (2) to determine the amount of mortgage indebtedness...

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