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BSL INVESTORS, II v. DOWNEY SAV. & LOAN

No. 93-2639.

649 So.2d 331 (1995)

BSL Investors, II, a California Limited Partnership, Joon S. Yang and Won J. Yang, Appellants, v. DOWNEY SAVINGS AND LOAN ASSOCIATION, a California Corporation, Appellee.

District Court of Appeal of Florida, Fifth District.

January 27, 1995.

Attorney(s) appearing for the Case

Eric S. Mashburn, Winter Garden, for appellants.

Richard L. Allen, Alfred I. Hopkins, of Wallace, Engels, Pertnoy, Solowsky & Allen, P.A., Miami, for appellee.

GRIFFIN, Judge.

BSL Investors, II ["BSL"], a California limited partnership, and Joon Yang and Won Yang appeal a joint and several partial summary judgment in favor of Downey Savings and Loan Association in the amount of $847,155.74. We reverse.

The record reflects that on October 7, 1993, Downey Savings and Loan Association ["Downey"] filed in open court an "Emergency Motion for Turnover of Property To Receiver" in connection with the pending foreclosure...

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