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NATIONAL ENTERPRISES, INC. v. THOMPSON

No. 95-3094.

682 So.2d 677 (1996)

NATIONAL ENTERPRISES, INC., successor in interest to Federal Deposit Insurance Company, as Receiver for First American Trust, Appellant, v. John T. THOMPSON, Lynette H. Thompson, Thompson Sales Company, Inc., a Florida corporation, Golden Glades Liquors, Inc., a Florida corporation, Atlantic National Bank, Nougen Group, Inc., Bethesda Memorial Hospital, The United States of America and Florida Division Of Alcoholic Beverages And Tobacco, Appellees.

District Court of Appeal of Florida, Fourth District.

November 6, 1996.

Attorney(s) appearing for the Case

J. Randolph Lieber of Haley, Sinagra & Perez, P.A., Miami, for appellant.

George E. Harris of Harris, Kukey & Helgesen, P.A., Palm Beach Gardens, for appellees.

PER CURIAM.

We reverse an order denying Appellant's motion for a deficiency judgment following a judgment of foreclosure in favor of Appellant's predecessor in interest, the Federal Deposit Insurance Corporation (FDIC).

The trial court rejected Appellant's claim to the deficiency on the basis of an equitable estoppel defense that had not been raised in the pleadings. Additionally, the court's decision is founded on certain testimony that the court had agreed...

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