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BARNETT BANK OF ORLANDO/WINTER PARK v. FLORIDA FREE ENTERPRISES, INC.

No. 82-292.

422 So.2d 349 (1982)

BARNETT BANK OF ORLANDO/WINTER PARK, N.A., Appellant, v. FLORIDA FREE ENTERPRISES, INC., Appellee.

District Court of Appeal of Florida, Second District.

November 24, 1982.

Attorney(s) appearing for the Case

J.P. Carolan III and Bradford Swing of Winderweedle, Haines, Ward & Woodman, Winter Park, and Arky, Freed, Stearns, Watson & Greer, P.A., Miami, for appellant.

James G. Decker of Stewart & Decker, P.A., Fort Myers, for appellee.

Robert L. Donald of Pavese, Shields, Garner, Haverfield, Dalton & Cottrell, Fort Myers, amicus curiae for River Towers Condominium Ass'n, Inc.

PER CURIAM.

We find no merit in appellant's contention that the trial court erred in dismissing with prejudice its fourth amended complaint. Appellant, Barnett Bank of Orlando/Winter Park, N.A., in its complaint only sought foreclosure of a mortgage given by the appellee, Florida Free Enterprises, Inc., and did not allege a cause of action on the promissory note executed by the appellee on July 5, 1973. We accordingly affirm the trial court's dismissal of the foreclosure...

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