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FIRST NAT. BANK v. CARDINAL ROOFING

No. 93-03855.

639 So.2d 1101 (1994)

FIRST NATIONAL BANK OF SOUTHWEST FLORIDA, a national banking corporation, Appellant, v. CARDINAL ROOFING AND SIDING OF FLORIDA, INC., Appellee.

District Court of Appeal of Florida, Second District.

July 20, 1994.

Attorney(s) appearing for the Case

Robert L. Donald of Law Office of Robert L. Donald, Fort Myers, and Robert C. Adamski, Cape Coral, for appellant.

Bruce A. Koebe of Bruce A. Koebe, P.A., Jensen Beach, for appellee.

PATTERSON, Judge.

First National Bank of Southwest Florida (First National) appeals from the trial court's final order which dismisses its claims against Cardinal Roofing and Siding of Florida, Inc. (Cardinal), for failure to state a cause of action, without leave to amend. We reverse.

On January 11, 1990, First National granted a construction loan to Sirin Designs, Inc. and recorded its first mortgage on land in...

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