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STEKETEE v. BALLANCE HOMES, INC.

Nos. 78-1453, 78-2032.

376 So.2d 873 (1979)

Jerome C. STEKETEE, Not Individually, but As a Successor Trustee to J. Fred Risk and Charles W. Robertson, Trustees of Indiana Mortgage and Realty Investors, a Maryland Real Estate Investment Trust, Appellants, v. BALLANCE HOMES, INC., and Halprin Realty, Inc., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 8, 1979.

Attorney(s) appearing for the Case

Philip W. Watson of Akerman, Senterfitt & Eidson, Orlando, for appellants.

Bruce Marger of Goldner, Reams, Marger, Davis, Piper & Kiernan, St. Petersburg, for appellees.

OTT, Judge.

In January, 1975, Indiana Mortgage & Realty Investors (Investors) filed an action to foreclose a mortgage securing a delinquent promissory note which Ballance Homes, Inc. (Ballance) had executed and Halprin Realty, Inc. (Halprin) had guaranteed in 1973. In addition to foreclosure, the complaint sought judgment for any deficiency should proceeds of the sale of the 23 acres of realty covered by the mortgage be insufficient to cover the note.

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