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PRIGAL v. KEARN

No. 89-0343.

557 So.2d 647 (1990)

Gerald PRIGAL, Appellant, v. Joseph M. KEARN, Mitchell Garson, Milton Markowitz, As Trustee for 451 Corporation, and Milton Markowitz, Individually, Appellees.

District Court of Appeal of Florida, Fourth District.

February 28, 1990.

Attorney(s) appearing for the Case

Joel H. Feldman and Luke S. Brown of Feldman, Mallinger & Brown, P.A., Boca Raton, for appellant.

Michael L. Hyman and Andrew R. Spector of Hyman & Kaplan, P.A., Miami, and T.N. Murphy, Jr., P.A., Deerfield Beach, for appellee Joseph M. Kearn.

LETTS, Judge.

After accepting a deed in lieu of foreclosure from a subsequent purchaser, the original seller/lender of a parcel of real estate filed a separate lawsuit seeking $132,000, the face amount of a promissory note signed by the buyer/borrower who originally executed that promissory purchase money note and mortgage. That note and mortgage was the subject of the foreclosure.1 The trial court held that the settlement (i.e., the deed...

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