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BARNETT BANK OF S. FLA. v. STATEWIDE MORTG.

No. 84-1907.

464 So.2d 187 (1985)

BARNETT BANK OF SOUTH FLORIDA, N.A., Successor by Merger to Barnett Bank of Broward County, a Florida Corporation, Petitioner, v. STATEWIDE MORTGAGE CORPORATION, a/K/a State Wide Mortgage Corporation, a/K/a State Wide Mortgage Corp., a/K/a State Wide Mortgage Corp., a Florida Corporation; Homesites, Inc., a Florida Corporation; Etc., et al., Respondents.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 19, 1985.

Attorney(s) appearing for the Case

Martin J. Alexander of Holland & Knight, Fort Lauderdale, for petitioner.

No response required by respondents.

HERSEY, Judge.

This petition for writ of certiorari seeks review of an order denying a motion to amend the complaint. Petitioner sought to foreclose a mortgage. Respondents in their answer disclosed an underlying agreement between the parties not referred to in the complaint. The parties apparently are in accord that in the absence of a breach of this underlying agreement petitioner would not be entitled to foreclose. The...

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