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UNITED COMPANIES FIN. CORP. v. BERGELSON

No. 89-2365.

573 So.2d 887 (1990)

UNITED COMPANIES FINANCIAL CORPORATION, Appellant, v. Victor BERGELSON, Phyllis Bergelson, John A. Corsetti, Sheryll L. Corsetti, Arthur J. Abramowitz, As Trustee, William C. Meyer, Greater Atlantic Corporation, Joseph Di Mauro, Lawrence F. Di Mauro, Joseph F. Di Mauro, Marjorie E. Deal, Joseph C. Deal, Henrietta Friedman, First American Bank of Palm Beach County, N/K/a First American Bank and Trust, Schindall Realty, Inc. and Jessie L. Patterson D/B/a Ben Adams Realty and Richard B. Vincent, Etc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied March 4, 1991.

Attorney(s) appearing for the Case

Dyla L. Warren and Susan Yoffee of Fleming, Haile & Shaw, P.A., North Palm Beach, for appellant.

Arthur C. Koski, Boca Raton, and Joseph F. Di Mauro, Jupiter, for appellees-Greater Atlantic Corp. and Joseph Di Mauro, Lawrence F. Di Mauro and Joseph F. Di Mauro.

Rehearing and Rehearing En Banc Denied March 4, 1991.

GARRETT, Judge.

We address the dispositive issue: Did appellees' election of remedies preclude recovery on their counterclaim? We hold that it did and reverse.

In September of 1981, after a series of complicated real estate mortgage transactions which involved most of the parties, appellees Greater Atlantic Corporation (GAC), Joseph Di Mauro, Lawrence Di Mauro and Joseph F. Di Mauro sued seeking...

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