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ITALA SILVESTRI INVESTMENT LTD. v. F.D.I.C.

No. 95-03262.

672 So.2d 60 (1996)

ITALA SILVESTRI INVESTMENT, LTD., INC., a Canadian Corporation, Frank Silvestri, Individually, Itala Silvestri, Individually, Howard Stulberg and Stanley Cohen, as Joint Trustees, and the Toronto Dominion Bank, Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for American Pioneer Federal Savings Bank Acting as Servicer for Shawmut Bank, N.A., as Trustee of the American Pioneer Commercial Remic Trust 1988-1, Appellee.

District Court of Appeal of Florida, Second District.

April 12, 1996.

Attorney(s) appearing for the Case

W.C. Airth, Jr., of Williams & Airth, P.A., Orlando, for Appellants.

Richard A. Nielson, J. Frazier Carraway, and Jacqueline M. Spoto of Salem, Saxon & Nielson, P.A., Tampa, for Appellee.

FRANK, Judge.

In this appeal from a final summary judgment foreclosing a mortgage, we affirm on the merits but we reverse the damage award. It was erroneously calculated in the final judgment. Accordingly, we remand for redetermination of the judgment.

Affirmed in part, reversed in part, and remanded.

THREADGILL, C.J., and CAMPBELL...

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