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FLORIDA NAT. BANK OF MIAMI v. BANKATLANTIC

No. 75965.

589 So.2d 255 (1991)

FLORIDA NATIONAL BANK OF MIAMI, etc., et al., Petitioners, v. BANKATLANTIC, etc., Respondent.

Supreme Court of Florida.

Rehearing Denied December 9, 1991.

Attorney(s) appearing for the Case

David D. Welch of Welch & Korthals, Pompano Beach, for petitioners.

Eugene E. Stearns, Lisa K. Bennett and Richard E. Douglas of Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A., Miami, for respondent.

OVERTON, Justice.

We have for review Florida National Bank v. Bankatlantic, 557 So.2d 596 (Fla. 4th DCA 1990), in which the district court held that the mortgagee's exercise of an option to accelerate payments owing under a mortgage note following the mortgagor's intentional default did not preclude the mortgagee from collecting a prepayment penalty fee. Because this is a case of...

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