LAKESIDE REGENT, INC. v. FDIC

No. 94-0754.

660 So.2d 368 (1995)

LAKESIDE REGENT, INC., Carl A. Sax, and Lanny Horwitz, Appellants, v. FDIC as Receiver for First American Bank and Trust, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

September 13, 1995.


Attorney(s) appearing for the Case

Philip M. Burlington of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, for appellants.

Jack J. Aiello of Gunster, Yoakley & Stewart, West Palm Beach, Ann S. DuRoss, Richard J. Osterman, Jr., and S. Alyssa Roberts, Washington, D.C., for appellee FDIC.


POLEN, Judge.

This appeal arises out of a summary judgment relating to a dispute over the proper amount of setoff Lakeside Regent, Inc. was entitled to apply to a judgment entered in favor of the Federal Deposit Insurance Company ("FDIC") as receiver for First American Bank and Trust ("First American") in a mortgage foreclosure deficiency action.

It is well-settled law that the party moving for summary judgment must demonstrate that there is no genuine issue...

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