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FIRST WISCONSIN NAT'L BANK v. ROOSE

Nos. 76-2357, 76-2374.

348 So.2d 610 (1977)

FIRST WISCONSIN NATIONAL BANK OF MILWAUKEE, a National Banking Association, Petitioner, v. Kenneth D. ROOSE and Gretchen Roose, Respondents. FIRST WISCONSION NATIONAL BANK OF MILWAUKEE, A National Banking Association, Appellant, v. Kenneth D. ROOSE and Gretchen Roose, Appellees.

District Court of Appeal of Florida, Fourth District.

July 1, 1977.

Attorney(s) appearing for the Case

James O. Murphy, Jr., of Rimes, Greaton, Murphy & Batchelder, P.A., Fort Lauderdale, for appellant.

Thomas A. Groendyke of Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellees.

DAUKSCH, Judge.

This is an appeal of an Order denying a Motion to Dismiss. We have accepted jurisdiction under Fla.App. Rule 4.2 because the matter is in equity.

Appellee is an owner of a condominium apartment and represents a class of other condominium unit owners. He filed this lawsuit against the Appellant who is the mortgagee of the entire condominium project, including the recreation and other common areas....

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