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MILLER v. FIRST AMERICAN BANK AND TRUST

No. 91-1614.

607 So.2d 483 (1992)

Philip S. MILLER, Luther M. Taylor, Joan B. Taylor, and Daniel E. Taylor, Appellants, v. FIRST AMERICAN BANK AND TRUST, a National Banking Association, and First American Bank and Trust, as Trustee of Trust No. 010280, Appellees.

District Court of Appeal of Florida, Fourth District.

November 2, 1992.

Attorney(s) appearing for the Case

Luther Martin Taylor, Palm Beach Gardens, for appellants.

Michael J. Kennedy of Winthrop, Stimson, Putnam & Roberts, Palm Beach, for appellees.

SCHWARTZ, ALAN R., Associate Judge.

The appellees sued to foreclose a large mortgage. Because the debt had not been paid and D'Oench1 controlled, there was essentially no defense and the case was resolved — without trial or even depositions — by a summary judgment entered on the pleadings, affidavits and written discovery. The appeal, in which oral argument was not requested, ended in a PCA. Miller v. First Am....

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