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F.D.I.C. v. DIAMOND C NURSERIES, INC.

No. 92-1742.

629 So.2d 157 (1993)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Manager of the FSLIC Resolution Fund, Appellant, v. DIAMOND C NURSERIES, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied December 15, 1993.

Attorney(s) appearing for the Case

Alan J. Briggs and Suzanne H. Youmans of Squire, Sanders & Dempsey, Palm Beach, for appellant.

Gregory C. Picken, West Palm Beach, for appellee.

Rehearing and Rehearing En Banc Denied December 15, 1993.

KLEIN, Judge.

The trial court concluded that an unrecorded satisfaction of a mortgage securing a loan from a bank taken over by the FDIC barred foreclosure. We conclude that the satisfaction was not sufficiently documented in the bank's records to comply with D'Oench, Duhme & Co. v. FDIC, 315 U.S. 447, 62 S.Ct. 676, 86 L.Ed. 956 (1942), or 12 U.S.C. §...

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