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BAYSHORE GARDEN APTS., LTD. v. REAL EST. APTS., LTD.

No. 88-00582.

541 So.2d 158 (1989)

BAYSHORE GARDEN APARTMENTS, LTD., Appellant, v. REAL ESTATE APARTMENTS, LTD., Appellee.

District Court of Appeal of Florida, Second District.

April 7, 1989.

Attorney(s) appearing for the Case

Robert M. Quinn of Carlton, Fields, Ward, Emmanuel, Smith, Cutler & Kent, P.A., Tampa, for appellant.

S. Thomas Padgett, of S. Thomas Padgett, P.A., Tampa, for appellee.

PATTERSON, Judge.

This is an appeal from a post-judgment order in a mortgage foreclosure action requiring appellant, the holder of a wraparound second mortgage, to obtain a satisfaction of mortgage from the first mortgage holder. We reverse.

In July, 1981, appellee, Real Estate Apartments, Ltd. (Real) purchased an apartment complex from Bayshore Garden Apartments, Ltd. (Bayshore). As part of the transaction, Real executed and delivered to Bayshore a promissory...

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