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FORBES v. NATIONAL INDUSTRIAL BANK OF MIAMI

No. 69-594.

243 So.2d 613 (1971)

Verdell FORBES, a Single Woman, and Carrie Forbes, a Single Woman, Appellants, v. NATIONAL INDUSTRIAL BANK OF MIAMI, a National Banking Corporation of the United States of America, Appellee.

District Court of Appeal of Florida, Fourth District.

February 5, 1971.

Attorney(s) appearing for the Case

Elliott Noel Zack, of Leff & Pesetsky, North Miami Beach, for appellants.

Charles L. Neustein and Peter Strelkow, of Frank, Strelkow & Marx, Miami Beach, for appellee.

STEWART, JAMES R., Jr., Associate Judge.

Plaintiff/Bank brought an unlawful detention action under the provisions of Florida Statute 82.04, F.S.A. in the Court of Record of Broward County. Defendants denied all allegations of the Complaint and counterclaimed for specific performance.

Plaintiff moved to dismiss the Counterclaim and for entry of summary judgment. In support of the motion for summary judgment the Bank filed an affidavit showing its right of possession...

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