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FOSTER v. FOSTER

No. 96-04132.

703 So.2d 1107 (1997)

Shirley FOSTER, Appellant, v. James M. FOSTER, Mildred S. Myers, O.W. Foster & Sons, Inc., a Florida Corporation, and First Union National Bank of Florida, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 8, 1997.

Attorney(s) appearing for the Case

Susan W. Fox of MacFarlane Ferguson & McMullen, Tampa, for Appellant.

Patti W. Woodruff and Rod B. Neuman of Gibbons, Smith, Cohn & Arnett, P.A., Tampa, for Appellees.

PATTERSON, Acting Chief Judge.

Shirley Foster appeals from a final judgment of re-foreclosure granted on the appellees' counterclaim. We reverse.

Shirley and her husband, Andrew, jointly owned a 25% undivided interest in a $2,500,000 note and mortgage encumbering the Dauphine Apartments. In the process of their dissolution of marriage in 1985, they entered into a marital settlement agreement wherein Shirley agreed to convey her interest in the note and mortgage...

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