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SMANIA v. MUNDACA INV. CORP.

No. 92-1989.

629 So.2d 242 (1993)

Mary Ann SMANIA, Appellant, v. MUNDACA INVESTMENT CORP., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 14, 1994.

Attorney(s) appearing for the Case

Mary Ann Smania, in pro. per.

Jacobson and Peterson, Theresa M. Peterson, Hollywood, and Neil Deleon, Tampa, for appellee.

Before BARKDULL, FERGUSON and LEVY, JJ.

FERGUSON, Judge.

Mary Ann Smania, owner of a time-share condominium interest, appeals a final summary judgment in favor of Mundaca, holder of a note taken from the FDIC, which was executed by Ms. Smania for the purchase of the time-share unit. Two issues are presented:

1. Whether the D'Oench, Duhme doctrine and Title 12 U.S.C. section 1823(e) prevent Smania from asserting personal defenses against Mundaca based upon the note evidencing Smania's agreement...

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