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FIRST COMMERCE REALTY INVESTORS v. PENINSULAR TITLE INS. CO.

No. GG-74.

355 So.2d 510 (1978)

FIRST COMMERCE REALTY INVESTORS, Appellant, v. PENINSULAR TITLE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, First District.

March 3, 1978.

Attorney(s) appearing for the Case

Robert J. Mayes of Levin, Warfield, Middlebrooks, Graff, Mabie, Rosenbloum & Magie, Pensacola, for appellant.

T.A. Shell of Shell, Fleming, Davis & Menge, Pensacola, for appellee.

PER CURIAM.

Appellant First Commerce Realty Investors is a real estate investment trust, the assignee of a $1,600,000 mortgage. A mortgagee's title insurance policy was issued by appellee Peninsular Title Insurance Company. The title insurance issued by Peninsular Title was in the maximum sum of $1,600,000 and the policy's description of the property included, as did the mortgage, five lots to which the mortgagor did not have title. When the mortgagor defaulted on...

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