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DEL RIO v. BRANDON

No. 96-2909.

696 So.2d 1197 (1997)

Frank DEL RIO, et al., Appellants, v. William BRANDON, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 30, 1997.

Attorney(s) appearing for the Case

Michael Schiffrin, Miami, for appellants.

Paul N. Contessa, Miami, for appellees.

Before SCHWARTZ, C.J., and NESBITT and COPE, JJ.

NESBITT, Judge.

Frank and Marcia Del Rio entered into a contract to purchase a south Dade County home from William and Patricia Brandon. As part of the transaction the Del Rios agreed to give the Brandons a $100,000 promissory note and secure the note by a mortgage against the property purchased. The closing took place in April 1995 and the Del Rios took title to the property.

The Del Rios failed to make the mortgage payment due in December 1995, and all payments...

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