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ALLSTATE MORTGAGE v. ALPHA MOTORS

No. 73-818.

294 So.2d 100 (1974)

ALLSTATE MORTGAGE CORPORATION of Florida, Appellant, v. ALPHA MOTORS, INC., a Pennsylvania Corporation D/B/a Eastern Equipment Leasing Co., et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 20, 1974.

Attorney(s) appearing for the Case

Elliot L. Miller, Miami, for appellant.

Frates, Floyd, Pearson, Stewart Proenza & Richman, Kenneth J. Weil and Thomas L. Ford, Miami, for appellees.

Before CARROLL and HAVERFIELD, JJ., and MOORE, JOHN H., II, Associate Judge.

CORRECTED OPINION.

PER CURIAM.

This appeal is by the defendant below from a summary judgment in a mortgage foreclosure action.

The mortgage was made by a guarantor on a lease of personal property (restaurant equipment), to the lessor, as further security for performance by the lessee.

The appellant purchased the mortgaged real estate (subject to the mortgage) at an execution sale thereof. Thereafter, following default by the lessee, the lessor...

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