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GAMMA DEVELOPMENT CORPORATION v. AMERICAN POINEER SAVINGS BANK

No. 4-86-1157.

507 So.2d 793 (1987)

GAMMA DEVELOPMENT CORPORATION, Appellant, v. AMERICAN PIONEER SAVINGS BANK, F/K/a First Fidelity Savings and Loan Association, Successor by Merger with First Federal Savings and Loan Association of Martin County, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 19, 1987.

Attorney(s) appearing for the Case

Robert A. Eisen, Boca Raton, for appellant.

Robert P. Summers of Swann and Haddock, P.A., Stuart, for appellee.

PER CURIAM.

This is an appeal from an order granting summary judgment. We reverse and remand because there are material issues of disputed fact regarding the application of the subordination clause and there were disputed questions of fact and law regarding the issue of priority between the mortgages in question. Miami National Bank v. Citation Homes, Inc., 157 So.2d 155 (Fla. 3d DCA 1963).

Reversed and remanded....

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