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ROCKING CHAIR MOTEL, INC. v. FED. DEPOSIT INS. CORP.

No. 87-2372.

529 So.2d 1277 (1988)

ROCKING CHAIR MOTEL, INC., et al., Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

August 25, 1988.

Attorney(s) appearing for the Case

Robert G. Murrell, of Sam E. Murrell & Sons Orlando, for appellants.

Robert L. Young and Kelton M. Farris, of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Orlando, for appellee.

SHARP, Chief Judge.

We reverse the final summary judgment of foreclosure in favor of Federal Deposit Insurance Corporation, etc., because the affidavit filed in this case opposing summary judgment created a factual dispute as to payment and failure of consideration of the mortgage debt, and possibly set-off rights based on unauthorized taking of the mortgagor's funds. The charges (artfully pled in the affidavit) are serious, and we at this point in the procedings...

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