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BANCFLORIDA v. HAYWARD

No. 86646.

689 So.2d 1052 (1997)

BANCFLORIDA, etc., Petitioner, v. Robert T. HAYWARD, et ux., et al., Respondents.

Supreme Court of Florida.

February 27, 1997.

Attorney(s) appearing for the Case

Robert C. Grady of Katz, Barron, Squitero & Faust, P.A., Miami, and Herbert Stettin of Herbert Stettin, P.A., Miami, for Petitioner.

Mark V. Silverio and Cynthia Byrne Hall of Silverio & Hall, Miami, and Glenn J. Holzberg, Miami, for Respondents.

GRIMES, Justice.

We review BancFlorida v. Hayward, 659 So.2d 1329, 1333 (Fla. 3d DCA 1995), in which the court certified the following question as being of great public importance:

Where a lender requires a pre-qualified contract purchaser before it will lend on the construction loan which creates a purchase money mortgage, does the contract purchaser's prior equitable lien against the purchase money mortgagor have...

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