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SUNSHINE MEADOWS CONDOMINIUM ASSOCIATION, INC. v. BANK ONE, DAYTON

No. 90-0728.

599 So.2d 1004 (1992)

SUNSHINE MEADOWS CONDOMINIUM ASSOCIATION, INC., and Prime Bank, Appellants, v. BANK ONE, DAYTON, N.A., a National Banking Association, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 30, 1992.

Attorney(s) appearing for the Case

Peter A. Sachs and Mark B. Kleinfeld of Jones, Foster, Johnson & Stubbs, P.A., West Palm Beach, for appellant-Sunshine Meadows Condominium Ass'n, Inc., and George P. Ord of Alley, Maass, Rogers & Lindsay, P.A., Palm Beach, for appellant-Prime Bank.

Daniel S. Rosenbaum of Becker & Poliakoff, P.A., West Palm Beach, for appellees.

WARNER, Judge.

A condominium association appeals a partial summary judgment granting foreclosure on all condominium units in a phase condominium based upon a defaulted mortgage on property comprising common elements. The mortgage holder made the association a defendant representing the class of unit owners under Florida Rule of Civil Procedure 1.221. The association claims that the mortgagee cannot foreclose on the individual condominium units based upon a mortgage...

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