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MELLOR v. GOLDBERG

No. 94-03684.

658 So.2d 1162 (1995)

William H. MELLOR and Patricia H. Mellor, husband and wife, Appellants, v. Morton A. GOLDBERG, as Trustee and individually, Appellee.

District Court of Appeal of Florida, Second District.

August 2, 1995.

Attorney(s) appearing for the Case

Theodore L. Tripp, Jr., of Garvin & Tripp, P.A., Fort Myers, for appellants.

J. Jeffrey Rice of Goldberg, Goldstein & Buckley, P.A., Fort Myers, for appellee.

ALTENBERND, Judge.

William and Patricia Mellor appeal an order dismissing with prejudice their complaint on a promissory note. The trial court ruled that the Mellors are entitled to enforce a mortgage against real property securing the note executed by Morton A. Goldberg, but they cannot obtain a personal judgment against Mr. Goldberg, either individually or as trustee. We reverse because Mr. Goldberg has not established in this record that the note is unenforceable...

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