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SMILEY v. MANUFACTURED HOUSING ASSOCIATES

No. 95-00840.

679 So.2d 1229 (1996)

Clifford E. SMILEY and James E. Doane, Co-Trustees, Appellants, v. MANUFACTURED HOUSING ASSOCIATES III LIMITED PARTNERSHIP, a Florida Limited Partnership, Barnett Bank of South Florida, N.A., and William Craig Voight, Appellees. MANUFACTURED HOUSING ASSOCIATES III LIMITED PARTNERSHIP, a Florida Limited Partnership, Appellee/Cross-Appellant, v. Clifford E. SMILEY and James E. Doane, Co-Trustees, Appellants/Cross-Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 25, 1996.

Attorney(s) appearing for the Case

James A. Bonaquist, Jr. of Monaco, Cardillo & Keith, P.A., Naples, for Appellants/Cross-Appellees.

Robert G. Menzies of Roetzel & Andress, L.P.A., Naples, for Appellee/Cross-Appellant.

FULMER, Judge.

This case involves a purchase money note and first mortgage encumbering a section of real property in Collier County, Florida. The Appellee/Cross-Appellant, Manufactured Housing Associates III Limited Partnership (MHA), executed and delivered the note and mortgage to the Appellants/Cross-Appellees, Clifford W. Smiley and James E. Doane, Co-Trustees (Trustees), in connection with the purchase of the encumbered property. A

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