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EAGLE NAT. BANK OF MIAMI v. BURKS

Nos. 86-335, 86-336 and 86-1037.

502 So.2d 69 (1987)

EAGLE NATIONAL BANK OF MIAMI, Appellant, v. William J. BURKS, Appellee.

District Court of Appeal of Florida, Third District.

February 10, 1987.

Attorney(s) appearing for the Case

Squire, Sanders & Dempsey and Hendrik G. Milne, Miami, for appellant.

Simon, Schindler, Hurst & Sandberg and Neal Sandberg and Thomas M. Pflaum, Miami, for appellee.

Before BARKDULL, HENDRY and NESBITT, JJ.

HENDRY, Judge.

Defendant, Eagle National Bank of Miami (Eagle Bank), appeals a final summary judgment for plaintiff, William J. Burks (Burks). We affirm, based on the following brief analysis.

In November, 1985, Burks sued Eagle Bank seeking to cancel a $76,220.00 note and mortgage. Burks' complaint alleged that on August 7, 1978, the two year note and mortgage had been executed in favor of a company named Agrimarkets, Inc., which then assigned the note and...

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