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WASHINGTON SAV. AND LOAN ASSOC. OF FLA. v. CONCEPCION DEL PORTILLO

No. 81-1883.

419 So.2d 805 (1982)

WASHINGTON SAVINGS AND LOAN ASSOCIATION OF FLORIDA, a DIVISION OF CITIZEN'S SAVINGS, FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellant, v. CONCEPCION DEL PORTILLO, Appellee.

District Court of Appeal of Florida, Third District.

September 28, 1982.

Attorney(s) appearing for the Case

Steel, Hector & Davis and Donald M. Middlebrooks, Miami, for appellant.

Ciravolo & Feldman and Bennett Feldman; Merlin & Horowitz, Miami, for appellee.

Blackwell, Walker, Gray, Powers, Flick & Hoehl and J. Frost Walker, Miami, for Amerifirst Fed.Sav. and Loan Ass'n, as amicus curiae.

Before NESBITT, BASKIN and FERGUSON, JJ.

CORRECTED OPINION

FERGUSON, Judge.

Washington Savings and Loan Association of Florida appeals from a Summary Final Judgment enjoining them from enforcing a due-on-sale provision in a mortgage contract after the owner of the mortgaged property had sold or transferred the property without approval of the lender in violation of the contract terms.1 The trial court held, consistent with...

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