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MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. v. GEORGE

No. 4-86-1117.

516 So.2d 1068 (1987)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Appellant, v. Peter A. GEORGE, J. Tracy Rooks, Control Data Business Centers, Inc., and Louis F. Powell, Trustee for Louis F. Powell, M.D., P.A., Defined Contribution Pension Plan, Appellees.

District Court of Appeal of Florida, Fourth District.

December 16, 1987.

Attorney(s) appearing for the Case

William Fletcher Belcher, St. Petersburg, for appellant.

J. Bruce Harper of MacPherson, Harper, Kynes, Geller, Watson & Buford, P.A., Clearwater, for appellee-Peter A. George.

HERSEY, Chief Judge.

The final summary judgment from which this appeal is taken provided for the foreclosure of a mortgage and foreclosure of an equitable lien, both for the benefit of appellee, Peter A. George.

The facts are somewhat unusual. Peter A. George and J. Tracy Rooks purchased an office building in Broward County, each acquiring an undivided one-half interest in the property, taking title as tenants in common. They encumbered the property with two...

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