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CRAWFORD RESIDENCES v. BANCO POPULAR N. AM.

No. 2D11-3720.

88 So.3d 1017 (2012)

CRAWFORD RESIDENCES, LLC, a Florida limited liability company; Eduardo Goudie, individually; and Carondelet, LLC, a Florida limited liability company, Appellants, v. BANCO POPULAR NORTH AMERICA, a New York banking corporation; Guillermo Cedeño, individually; Xiomarra Cedeño, individually; Manuel Botero, individually; Showalter Landscaping and Irrigation, LLC, a Florida corporation; Kone, Inc., an Illinois corporation; Forge Engineering, Inc., a Florida corporation; Ferguson Enterprises, a Virginia corporation; Garage Doors of Naples, Inc., a Florida corporation; and Nick Spiller Plumbing, LLC, a Florida limited liability company, Appellees.

District Court of Appeal of Florida, Second District.

May 25, 2012.

Attorney(s) appearing for the Case

Steven L. Brannock and Maegen P. Luka of Brannock & Humphries, Tampa, for Appellants.

Patricia M. Baloyra and Francisco Armada of Broad & Cassel, Miami, for Appellee Banco Popular North America.

No appearance for remaining Appellees.

LaROSE, Judge.

Crawford Residences, LLC, the borrower, and two of its guarantors, Carondelet, LLC, and Eduardo Goudie, appeal a final judgment of foreclosure on a condominium project in Naples.1 Because the trial court incorrectly ruled that Crawford was judicially estopped from arguing that a release did not bar its counterclaims and affirmative defenses, we reverse and remand for further proceedings...

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