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SUBURBAN NURSING & MOBILE HOMES, INC. v. SHAW

No. 86-614.

498 So.2d 485 (1986)

SUBURBAN NURSING AND MOBILE HOMES, INC., an Ohio Corporation, Appellant, v. Elliot and Felecia SHAW, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 19, 1986.

Attorney(s) appearing for the Case

R. Stuart Huff, Coral Gables, and Mark L. Mallios, for appellant.

Herbert W. Abramson, North Miami Beach, and Jack D. Warner, Miami, for appellees.

Before SCHWARTZ, C.J., and HUBBART and JORGENSON, JJ.

PER CURIAM.

This is an appeal from a summary final judgment and a judgment on the pleadings entered in favor of the defendants Elliot and Felecia Shaw [hereinafter Shaws] in an action sounding in equitable subrogation brought below by the plaintiff Suburban Nursing and Mobile Homes, Inc. [hereinafter Suburban]. The issue presented is whether a party, as here, who (a) pledges collateral to secure a note, and (b) loses the collateral to the creditor to pay off the underlying...

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