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MELLON BANK, N.A. v. GATEWAY, LTD.

No. 89-02632.

566 So.2d 870 (1990)

MELLON BANK, N.A., a National Banking Association, Appellant, v. GATEWAY, LTD., a Florida Limited Partnership, by and through Its General Partners, Joseph Penner and Grace Penner; Joseph Penner and Grace Penner, Individually; Southern Florida-Banc Savings Association; and the Design Arts Group, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Second District.

September 7, 1990.

Attorney(s) appearing for the Case

Richard J. McKay and Dennis P. Waggoner of Hill, Ward & Henderson, Tampa, for appellant.

Carl E. Patrick of Patrick and Borne, P.A., Sarasota, for appellees.

PATTERSON, Judge.

Appellant, Mellon Bank, N.A., pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii), seeks interlocutory review of a trial court order approving leases entered into by a receiver in a foreclosure action. For the reasons stated below we determine that we lack jurisdiction and dismiss this appeal.

Mellon made a construction loan secured by a mortgage upon the office building to be constructed. The loan documents provided that Mellon...

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