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AM. BANKERS LIFE v. WILLIAMS, SALOMON, KANNER

No. 80-1415.

399 So.2d 365 (1981)

AMERICAN BANKERS LIFE ASSURANCE COMPANY OF FLORIDA, Appellant, v. WILLIAMS, SALOMON, KANNER & DAMIAN, As Trustee, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 25, 1981.

Attorney(s) appearing for the Case

Helliwell, Melrose & DeWolf and Robert J. Schaffer, Miami, for appellant.

Williams, Salomon, Kanner, Damian, Weissler & Brooks and Vincent E. Damian, Miami, for appellee.

Before DANIEL S. PEARSON and FERGUSON, JJ., and PEARSON, TILLMAN (Ret.), Associate Judge.

FERGUSON, Judge.

This case was previously before the court on appeal from a final judgment in which the trial court ruled that the first and third mortgages of American Bankers Life Assurance Co. together constituted a first lien upon the subject property. We reversed, holding that the third mortgage could not be elevated to the same priority as the first mortgage and, accordingly, that the second mortgage acquired by Williams, Salomon, Kanner & Damian remained...

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