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HOME FED. SAV. & LOAN ASS'N OF PALM BEACH v. ENGLISH

No. 70-1035.

249 So.2d 707 (1971)

HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF PALM BEACH, Appellant, v. James J. ENGLISH and Van P. English, His Wife, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

June 25, 1971.

Attorney(s) appearing for the Case

Peter Van Andel, of Gunster, Yoakley, Criser, Stewart & Hersey, Palm Beach, for appellant.

Gene Moore, III, of Griffith & Moore, Boynton Beach, for appellees-Stroshein.

W. Robert Fokes, Tallahassee, as amicus curiae.

John T. Allen, Jr., of Harrison, Greene, Mann, Davenport, Rowe & Stanton, St. Petersburg, as amicus curiae.

REED, Judge.

This is an appeal by Home Federal Savings and Loan Association of Palm Beach from a final judgment of the Circuit Court for Palm Beach County, Florida, which dismissed with prejudice a complaint to foreclose a mortgage.

The complaint alleged that the plaintiff, Home Federal, had loaned Robert J. Lynch and Mary M. Lynch, his wife, $27,500.00 on 13 August 1958. The loan had been secured by a mortgage a copy of which was attached to the complaint...

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