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SWAN LANDING DEV. v. FLORIDA CAPITAL BANK

No. 2D09-1282.

19 So.3d 1068 (2009)

SWAN LANDING DEVELOPMENT, LLC, and Reza Yazdani, Appellants, v. FLORIDA CAPITAL BANK, N.A., and John Doe and Jane Doe, as to Rights of Lessees Under Unrecorded Leases, Appellees.

District Court of Appeal of Florida, Second District.

October 2, 2009.

Attorney(s) appearing for the Case

Lee Harang and John P. Holsonback of Fuller Holsonback, Tampa, for Appellants.

Donald R. Hall and Alicia Brannon, Clearwater, for Appellee Florida Capital Bank, N.A.

No appearance for Appellees John Doe and Jane Doe, as to Rights of Lessees Under Unrecorded Leases.

VILLANTI, Judge.

Swan Landing Development, LLC, and Reza Yazdani appeal the trial court's order that denied their motion to stay the action brought against them by Florida Capital Bank (the Bank) in favor of arbitration.1 We affirm in part, reverse in part, and remand for further proceedings.

The Bank's complaint in this action contains three counts: a foreclosure action on a mortgage...

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