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FIRST NAT. BANK OF DUNEDIN v. FIDELITY AM. FIN. CORP.

No. 73-583.

305 So.2d 265 (1974)

FIRST NATIONAL BANK OF DUNEDIN, Appellant, v. FIDELITY AMERICA FINANCIAL CORP., Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 22, 1975.

Attorney(s) appearing for the Case

John P. Frazer, of Peebles, Gracy, Freeborn & Frazer, Dunedin, for appellant.

William H. Carey, of Carey & Harrison, St. Petersburg, for appellee.

McNULTY, Chief Judge.

In this action on an assignment brought by Fidelity American Financial Corp. (Fidelity) against appellant bank, the bank appeals an adverse judgment.

The facts are these. Continental Mortgage Company (Continental) was a depositor of appellant bank, and, additionally, entered into a servicing agreement with the bank under which the bank, for a fee, would act as collecting agent in the servicing of some 126 mortgages owned by Continental...

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