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EQUIBANK, N.A. v. PENLAND

No. Y-190.

330 So.2d 739 (1976)

EQUIBANK, N.A., a National Banking Association, Appellant, v. S. Perry PENLAND et ux., Appellees.

District Court of Appeal of Florida, First District.

April 28, 1976.

Attorney(s) appearing for the Case

William S. Cross, Graham, Hodge, Swan & Larson, Ft. Lauderdale, for appellant.

Walter C. Shea, Jacksonville, for appellees.

ON MOTION TO DISMISS

McCORD, Judge.

This is a motion filed by appellees, S. Perry Penland, et ux., to dismiss the appeal brought by Equibank, N.A., from a final judgment on the pleadings in favor of the Penlands and an order denying Equibank leave to amend to reply to the Penlands' affrmative defense. The suit in the court below was brought against the Penlands and others to foreclose a mortgage on real property. The Penlands' alleged liability was predicated...

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