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FEDERAL DEPOSIT INS. CORP. v. VALENTE

No. 89-01126.

553 So.2d 763 (1989)

FEDERAL DEPOSIT INSURANCE CORPORATION, in Its Corporate Capacity, Appellant, v. Anthony and Josephine VALENTE, Husband and Wife; and Bafa Corporation, a Florida Corporation, Appellees.

District Court of Appeal of Florida, Second District.

December 15, 1989.

Attorney(s) appearing for the Case

Anthony J. Russo of Fisher & Sauls, P.A., St. Petersburg, for appellant.

Anthony P. Valente, Jr. of Knaust & Byrne, P.A., St. Petersburg, for appellees.

THREADGILL, Judge.

The Federal Deposit Insurance Corporation (FDIC), plaintiff below, appeals summary judgment for the defendants/appellees in a foreclosure action, contending that the court erred in concluding that a lien release filed in the public record extinguished the debt owed upon. We find that an issue of material fact concerning the validity of the lien release and precluding summary judgment was presented to the trial court, and therefore we reverse.

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