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LEE COUNTY BANK v. CHRISTIAN MUT. FOUNDATION, INC.

No. 80-1306.

403 So.2d 446 (1981)

LEE COUNTY BANK, As Trustee, Appellant, v. CHRISTIAN MUTUAL FOUNDATION, INC., and Thomas R. Spencer, Sr., Receiver, Appellees.

District Court of Appeal of Florida, Second District.

Rehearings Denied September 16, 1981.

Attorney(s) appearing for the Case

Charles W. Pittman of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellant.

John K. Aurell of Holland & Knight, Frank M. Mock and Charles V. Hedrick of Mahoney, Hadlow & Adams, Tallahassee, for appellee Christian Mut. Foundation.

William H. Shields of Pavese, Shields, Garner, Haverfield, Kluttz & Cottrell, Fort Myers, for appellee Thomas R. Spencer.

SCHEB, Chief Judge.

Appellant, Lee County Bank, challenges an order of the trial court refusing to permit it to foreclose a mortgage in default, and requiring it, as trustee, to accept a reorganization plan for rehabilitation of the debtor's project. We conclude that the trial court acted beyond its power, and we reverse.

In 1972 Wilson Life Ministries, Inc., purchased a 373-acre parcel of land in Lee County for development of Estero Woods Village, a retirement...

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