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AMERICAN BANK OF S. v. ROTHENBERG

No. 91-1381.

598 So.2d 289 (1992)

The AMERICAN BANK OF THE SOUTH, Appellant, v. Jack ROTHENBERG, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

May 15, 1992.

Attorney(s) appearing for the Case

Jason Hedman, of Spielvogel and Goldman, P.A., Merritt Island, for appellant.

Michael S. Minot, Cocoa, for appellee.

GOSHORN, Chief Judge.

The American Bank of the South appeals the summary final judgment of foreclosure in favor of Jack Rothenberg, trustee. This case arises from the successive assignment of a note and mortgage and the assignees' competing claims thereto. We agree with American Bank's argument that the unrecorded assignment of a promissory note and mortgage, coupled with delivery of the original promissory note, allows the original assignee to prevail over a subsequent...

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