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FIRST FEDERAL SAV. & LOAN ASS'N v. FOX

No. 83-485.

440 So.2d 652 (1983)

FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF FORT MYERS, Appellant, v. Herman J. FOX, Clover G. Fox and Teresa A. Hoermann, Appellees.

District Court of Appeal of Florida, Second District.

November 18, 1983.

Attorney(s) appearing for the Case

Gerald W. Pierce of Henderson, Franklin, Starnes & Holt, Fort Myers, for appellant.

E. Glenn Tucker, Marco Island, Jackson L. Boughner, P.A., Naples, for appellees.

RYDER, Acting Chief Judge.

This is an appeal from an order dismissing a complaint in an action to foreclose a mortgage.

First Federal Savings & Loan Association of Ft. Myers (Federal) sought to foreclose a mortgage on real property held by Herman J. Fox and Clover G. Fox. The Foxes had executed and delivered a note and mortgage to Federal on August 3, 1978. The mortgage agreement was recorded on August 4, 1978 in Collier County.

Paragraph 17 of...

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