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STEVENS v. JEFFERSON NAT. BK OF MIAMI BEACH

No. 77-1106.

354 So.2d 150 (1978)

Douglas STEVENS and Charlotte Stevens, Appellants, v. JEFFERSON NATIONAL BANK OF MIAMI BEACH, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 6, 1978.

Attorney(s) appearing for the Case

Fogle, Connelly & Cook and Lewis H. Fogle, Jr., Miami, for appellants.

Lapidus & Hollander and Howard J. Hollander, Miami, for appellee.

Before HENDRY, HUBBART and KEHOE, JJ.

KEHOE, Judge.

Appellants, defendants below, bring this interlocutory appeal from an order dated April 28, 1977, entered by the trial court denying their motion to dismiss appellee's, plaintiff below, complaint. We have concluded that the trial court erred by denying appellants' motion to dismiss in regard to Count III of appellee's complaint.

Appellee filed a complaint seeking to foreclose a mortgage on certain real property in Dade County owned by appellants...

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