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KRATZ v. LEGAC

No. 93-01946.

637 So.2d 29 (1994)

Robert C. KRATZ and Rosemary Kratz, Appellants, v. Paul M. LEGAC, as trustee of the Railway Services International, Inc., Retirement Plan Trust, and Paul M. Legac, individually, Appellees.

District Court of Appeal of Florida, Second District.

May 11, 1994.

Attorney(s) appearing for the Case

Benjamin Felder and Robert H. Crawford of Riden, Earle & Kiefner, P.A., St. Petersburg, for appellants.

James D. Eckert and James A. Byrne, St. Petersburg, for appellees.

QUINCE, Judge.

Robert and Rosemary Kratz (the Kratzes) appeal the trial court's orders granting summary judgment regarding the priority of a mortgage and foreclosing on property. We reverse since there is an issue of fact to be resolved concerning the intended use of a subordination agreement.

Paul Legac, as trustee of the Railway Services International, Inc., and in his individual capacity, was given two promissory notes by John E. Folds for $100,000.00 and...

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