MML DEVELOPMENT v. EAGLE NAT. BANK

No. 91-2327.

603 So.2d 646 (1992)

MML DEVELOPMENT Corp., etc., et al., Appellants, v. EAGLE NATIONAL BANK OF MIAMI, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

August 7, 1992.


Attorney(s) appearing for the Case

Thorwald J. Husfeld of Landis, Graham, French, Husfeld, Sherman & Ford, P.A., DeLand, for appellants.

Scott Cichon of Cobb, Cole & Bell, Daytona Beach, and I. Barry Blaxberg of Blaxberg, Grayson & Singer, P.A., Miami, for appellee.


PETERSON, Judge.

The mortgagor/appellant MML Development Corp. and individual guarantors (collectively referred to as MML), ask us to consider the correct venue in a mortgage foreclosure where the foreclosure is voluntarily discontinued by the plaintiff who then elects to proceed to enforce only the obligations contained in the secured promissory note and guarantees of the note. The trial court denied a motion to dismiss or to transfer based upon improper venue, and...

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