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COPELAND v. CAPITAL BANK OF MIAMI

No. 78-1291.

372 So.2d 1149 (1979)

John H. COPELAND and Minnie T. Copeland, His Wife, Appellants, v. CAPITAL BANK OF MIAMI, f/k/a National Industrial Bank of Miami, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 30, 1979.

Attorney(s) appearing for the Case

Susan Goldman, Miami, for appellants.

Frank, Strelkow & Gay, North Bay Village, for appellee.

Before PEARSON, HENDRY and HUBBART, JJ.

PER CURIAM.

Appellee, Capital Bank of Miami, f/k/a National Industrial Bank of Miami, filed a mortgage foreclosure action alleging that appellants, the Copelands, had defaulted under a note and mortgage. Appellants' answer denied that appellee was entitled to a judgment of foreclosure, and their primary affirmative defense was that the mortgage and note were void for total want of consideration; appellants also counterclaimed for reformation and rescission on the...

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