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SPONDER v. EQUITY CAPITAL COMPANY

No. 70-575.

248 So.2d 251 (1971)

Myron SPONDER, Etc., Appellant, v. EQUITY CAPITAL COMPANY et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 9, 1971.

Attorney(s) appearing for the Case

Richard L. Lapidus, Miami, for appellant.

Fowler, White, Humkey, Burnett, Hurley & Banick and Harold L. Ward; Bolles, Goodwin, Ryskamp & Ware, Miami, for appellees.

Before PEARSON, C.J., HENDRY, J., and MANN, ROBERT, T., Associate Judge.

PER CURIAM.

This is an appeal from a summary final judgment entered for the defendants in an action brought by a junior mortgagee to redeem certain property after foreclosure of the senior mortgage and a judicial sale of the premises. The trial judge held upon the basis of the pleadings, depositions on file, interrogatories and affidavits that:

* * * * * * "1. Plaintiff knowingly participated in the original foreclosure action wherein Co-Defendant...

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