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FIRST UNION NATIONAL BANK OF FLORIDA, N.A. v. PEOPLES NATIONAL BANK OF COMMERCE, MIAMI

Nos. 94-625, 94-626, 94-652 and 94-659.

644 So.2d 538 (1994)

FIRST UNION NATIONAL BANK OF FLORIDA, N.A., Alden Pond, Inc., Usx Credit, a Division of USX Credit Corporation, a Delaware corporation; Banco Exterior De Espana, S.A., a foreign bank; Banco Bilbao Vizcaya, S.A., a foreign bank, Petitioners/Appellants, v. PEOPLES NATIONAL BANK OF COMMERCE, MIAMI, a national banking association, Respondents/Appellees.

District Court of Appeal of Florida, Third District.

October 5, 1994.

Attorney(s) appearing for the Case

Foley & Lardner, Amy S. Rubin and Matthew Triggs, West Palm Beach; Holland & Knight, Jose A. Casal, Lucinda A. Hofmann; and Mishan Sloto Hoffman & Greenberg, Jeffrey R. Sonn and Carol L. Cox, Miami, for petitioners/appellants.

Silverio & Hall; Patterson Claussen Santos & Hume, and John Patterson and Mark Silverio, Miami, for respondents/appellees.

Before HUBBART and BASKIN and GREEN, JJ.

PER CURIAM.

This is an appeal and a petition for a writ of certiorari, filed by the defendant First Union National Bank of Florida, N.A., Alden Pond, Inc., and other defendants below, from a trial court order which granted the defendant Alden Pond's motion to dismiss the only count of the complaint in which Alden Pond is named as a defendant, and sua sponte ordered as follows:

"The court, however, finds ALDEN...

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