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PARKER v. TITLE & TRUST CO. OF FLORIDA

No. AN-158.

429 So.2d 1267 (1983)

Nathan O. PARKER and Joyce T. Parker, Appellants, v. TITLE & TRUST COMPANY OF FLORIDA, a Florida Corporation, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 4, 1983.

Attorney(s) appearing for the Case

James E. Cobb, Jack W. Shaw, Jr., and Dennis R. Schutt, of Mathews, Osborne, McNatt, Gobelman & Cobb, Jacksonville, for appellants.

Delbridge L. Gibbs, of Marks, Gray, Conroy & Gibbs, Jacksonville, for appellee.

SHIVERS, Judge.

This is an appeal from a partial summary judgment in favor of appellee. We reverse.

The Parkers, with the assistance of a stock broker, made a 90 day loan in the amount of $200,000 to a California corporation entitled EAC, Inc. (EAC). In return, EAC was to repay the Parkers $305,000. As security for the loan, the Parkers took a mortgage on a parcel of property which was purportedly owned by EAC. Situated on the property was a building which...

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