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THOMPSON v. FIRST UNION NAT. BANK

No. 93-2950.

643 So.2d 1179 (1994)

John J. THOMPSON and Eunette Thompson, Appellants, v. FIRST UNION NATIONAL BANK, etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

October 14, 1994.

Attorney(s) appearing for the Case

Douglas S. Lyons of Lyons & Farrar, P.A., Coral Gables, for appellants.

G. Robertson Dilg and Tracy A. Borgert of Gray, Harris & Robinson, P.A., Orlando, for appellees.

DIAMANTIS, Judge.

John and Eunette Thompson appeal the trial court's order entering a foreclosure judgment against them and in favor of First Union National Bank. Because the instant record contains genuine issues of material fact concerning whether First Union is a holder in due course, the final judgment of foreclosure is reversed and this cause is remanded to the trial court for further proceedings. See Lassiter v. Resolution Trust Corp.,

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