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CITY FED. SAV. BK. v. EASTERN DEV. & MGT. CORP.

No. 88-0741.

536 So.2d 1057 (1988)

CITY Federal Savings Bank, F/K/a City Federal Savings & Loan Association, a Stock Federal Savings Bank, Petitioner, v. Florida Eastern Development & Management Corp., a Florida Corporation; Harry Schreiber; Janet Schreiber; Atlantic Management & Consulting Corporation, a Florida Corporation, Respondents.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 3, 1988.

Attorney(s) appearing for the Case

L. Louis Mracheck of Gunster, Yoakley, Criser & Stewart, P.A., West Palm Beach, for petitioner.

Lawrence R. Heller of Gilbride, Heller & Brown, P.A., Miami, for respondents.

PER CURIAM.

This petition for writ of certiorari challenges an order of the Palm Beach County Circuit Court granting a motion to abate a suit against the makers and guarantors of a promissory note for sums due on the note. The abatement was predicated on the fact that petitioner, City Federal, already had taken possession of the collateral which secured the underlying indebtedness. City Federal had loaned money to the respondent, Florida Eastern, which was guaranteed...

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