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HANNAH v. PEREGO

No. LL-150.

381 So.2d 1085 (1979)

Robert L. HANNAH, Appellant, v. Thomas PEREGO, Appellee.

District Court of Appeal of Florida, First District.

July 10, 1979.

Attorney(s) appearing for the Case

Richard Bertone of Wagner & Bertone, Holly Hill, for appellant.

Philip J. Jansen of Jansen & DeGance, Fort Lauderdale, for appellee.

OPINION CLARIFIED ON PETITION FOR REHEARING

MASON, Associate Judge:

This is an appeal from a final judgment of the Circuit Court of Volusia County, John J. Upchurch, Judge, denying appellant's complaint for foreclosure of a mortgage given to secure a promissory note and awarding appellee, Perego, damages on his counterclaim.

The facts are as follows: Perego, along with two other people, purchased a funeral business and assumed a mortgage owing to...

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