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EIGEN v. FEDERAL DEPOSIT INSURANCE CORPORATION

No. 85-2434.

492 So.2d 826 (1986)

David G. EIGEN, Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Appellee.

District Court of Appeal of Florida, Second District.

August 13, 1986.

Attorney(s) appearing for the Case

Joseph P. McNulty of Earle & Earle, St. Petersburg, for appellant.

Randee K. Carson of Robbins, Gaynor, Burton, Hampp, Burns, Bronstein & Shasteen, P.A., St. Petersburg, for appellee.

SCHOONOVER, Judge.

Appellant, David G. Eigen, appeals from a final summary judgment foreclosing a mortgage on real estate located in Pinellas County, Florida. We reverse.

Park Bank of Florida instituted proceedings in the trial court by filing a mortgage foreclosure action against Eigen. The bank's original complaint alleged the existence of the instruments sued upon, and copies of those instruments were attached to the complaint. Before Eigen filed any responsive...

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