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PERRY v. KEY WEST STATE BANK

No. 76-572.

339 So.2d 248 (1976)

Julia E. PERRY, Etc., et al., Appellants, v. KEY WEST STATE BANK, a Florida Banking Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 3, 1976.

Attorney(s) appearing for the Case

Thompson, Wadsworth, Messer, Turner & Rhodes, Tallahassee, for appellants.

Taylor, Brion, Buker & Green and Robert J. Paterno, Miami, for appellee.

Before HENDRY, HAVERFIELD and NATHAN, JJ.

NATHAN, Judge.

Appellants, defendants in the trial court, seek review by interlocutory appeal of an amended order denying their motion to dismiss plaintiff's complaint or strike a portion thereof in a suit brought by plaintiff, Key West State Bank, to foreclose a mortgage on real property.

The sole point on appeal is whether the mortgage sought to be foreclosed was created for a term of more than five years, as contemplated...

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