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COURT TOWER CORP. v. SIMONTON RANCH TRUST

No. 82-266.

425 So.2d 65 (1982)

COURT TOWER CORP., Appellant, v. SIMONTON RANCH TRUST, through Its Successor Trustees, Kenneth R. McGurn and Linda McGurn, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 20, 1983.

Attorney(s) appearing for the Case

David A. Monaco, of Cobb & Cole, P.A., Daytona Beach, for appellant.

Sandra G. Smith, of Clayton, Duncan, Johnston, Quincey, Ireland, Felder & Gadd, Gainesville, for appellees.

PER CURIAM.

AFFIRMED.

SHARP and COWART, JJ., concur.

WEINBERG, RICHARD G., Associate Judge, dissents with opinion.

WEINBERG, RICHARD G., Associate Judge, dissenting:

I respectfully dissent from the holding of the majority. The facts of this case are unusual and warrant comment. The real estate mortgage foreclosure, in response to original action by appellant for recission of the note and securing...

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