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MILLENDER & SONS SEAFOOD v. BROWN MARINE

No. 94-432.

656 So.2d 193 (1995)

MILLENDER AND SONS SEAFOOD, INC., Appellant, v. BROWN MARINE SERVICE, INC., a Florida Corporation, et al., Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied July 14, 1995.

Attorney(s) appearing for the Case

Thomas M. Shuler of Shuler and Shuler, Apalachicola, for appellant.

Jan M. Kuylenstierna of Hayden and Milliken, P.A., Miami, for appellee.

MICKLE, Judge.

Millender and Sons Seafood, Inc. (Millender) appeals from a final order dismissing its complaint against Brown Marine Service, Inc. (Brown). We reverse and remand.

In January 1990, Edward and Mary Branch executed a promissory note in the amount of $60,000.00 in favor of Millender. This note was secured by a mortgage upon a vessel, The Northeaster, owned by the Branches. In December 1991, a vessel...

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