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JOHNSON v. BARNETT BANK OF COCOA, N.A

No. 75-329.

320 So.2d 851 (1975)

Richard W. JOHNSON, Appellant, v. BARNETT BANK OF COCOA, N.A., a Corporation, and the Cedars Condominium Apartments, Inc., a Florida Corporation, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

October 24, 1975.

Attorney(s) appearing for the Case

James S. Theriac, III, and Joe T. Caruso, Wolfe, Kirschenbaum & Caruso, Merritt Island, for appellant.

Robert T. Westman and Leon Stromire, Stromire, Westman, Lintz & Baugh, Cocoa, for appellee-Barnett Bank of Cocoa, N.A.

WALDEN, Chief Judge.

Defendant appeals the dismissal with prejudice by the trial court of his affirmative defenses and crossclaim against plaintiff bank in a foreclosure action. We reverse the dismissal with directions that defendant's affirmative defenses and crossclaims be reinstated.

Defendant sold all his stock in Cedars Condominium Apartments to NFC Mortgage Corporation. Defendant took back a mortgage from NFC. Plaintiff made a construction loan to Cedars...

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