JANUS PROPERTIES, INC. v. FIRST FLA. BANK, N.A.

No. 88-00622.

546 So.2d 785 (1989)

JANUS PROPERTIES, INC., Appellant, v. FIRST FLORIDA BANK, N.A., a National Banking Association, Appellee.

District Court of Appeal of Florida, Second District.

July 21, 1989.


Attorney(s) appearing for the Case

Samuel R. Mandelbaum and Robert J. Scanlan of Smith & Williams, P.A., Tampa, for appellant.

Ted R. Manry and Robert G. Cochran of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellee.


SCHEB, Acting Chief Judge.

Appellant, Janus Properties, Inc., challenges a final summary judgment entered in favor of Appellee, First Florida Bank. We reverse. In this appeal, we consider some of the legal ramifications of a deviation from standard foreclosure procedures.

In January 1986, Frank and Nancy Ragano executed a $393,000 mortgage on their condominium unit in favor of First Florida. On the same day, Mrs. Ragano executed a second mortgage of $10,500...

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