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DIV. OF FLA. LAND S & C v. CAP. BANK

No. 81-658.

409 So.2d 252 (1982)

DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS, DEPARTMENT OF BUSINESS REGULATION, State of Florida, Appellant, v. CAPITAL BANK OF MIAMI, N.A., Appellee.

District Court of Appeal of Florida, Third District.

February 9, 1982.

Attorney(s) appearing for the Case

Dennis E. LaRosa and William Hatch, Tallahassee, for appellant.

Frank, Strelkow & Gay and Carl Allen Schmitt, North Bay Village, for appellee.

Before HUBBART, C.J., and HENDRY and BASKIN, JJ.

PER CURIAM.

The final summary judgment under review is affirmed because, in our view, (a) the record in this cause conclusively establishes, without genuine issue of material fact, the defendant Capital Bank of Miami's affirmative defenses as pled herein, and (b) the establishment of these affirmative defenses entitled the defendant Capital Bank of Miami to judgment as a matter of law. Landers v. Milton,

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