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DEUTSCHE BANK NAT. v. CORAL KEY CONDO.

No. 4D09-3392.

32 So.3d 195 (2010)

DEUTSCHE BANK NATIONAL TRUST COMPANY as Trustee, Under the Pooling and Servicing Agreement Relating to Impac Secured Assets Corp. Mortgage Pass-Through Certificates, Series 2006-5, Appellant, v. CORAL KEY CONDOMINIUM ASSOCIATION (AT CAROLINA), INC., and Dario Luna, Appellees.

District Court of Appeal of Florida, Fourth District.

April 14, 2010.

Attorney(s) appearing for the Case

Jack R. Reiter and Jordan S. Kosches of Adorno & Yoss LLP, Miami, for appellant.

Steven A. Fein and Shelley J. Murray of Fein & Meloni, Esqs., Plantation, for appellee Coral Key Condominium Association (at Carolina), Inc.

STEVENSON J.

On May 12, 2008, Deutsche Bank National Trust Company filed a mortgage foreclosure complaint, naming the unit owner, Dario Luna, as well as the Coral Key Condominium Association (at Carolina), Inc., as defendants. After seven months of no record activity, the Association filed a motion to compel Deutsche to proceed with the foreclosure sale or pay monthly assessments due to the Association. The trial court granted the motion, explaining that it was fair...

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