GIVENS v. NATIONAL LOAN INVESTORS, L.P.

No. 98-770.

724 So.2d 610 (1998)

Charles J. GIVENS, Jr., Robert Givens, et al., Appellants, v. NATIONAL LOAN INVESTORS L.P., etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 25, 1999.


Attorney(s) appearing for the Case

Stephen D. Milbrath of Allen, Dyer, Doppelt, Milbrath & Gilchrist Professional Association, Orlando, for Appellants.

James S. Grodin and John R. Hamilton of Foley & Lardner, Orlando, for Appellees.


COBB, J.

The issue on this appeal is whether Florida's Revised Uniform Limited Partnership Act allows a judgment creditor, with a charging order against a limited partnership interest, to foreclose by means of an execution sale.

In the instant case, a deficiency judgment was entered as a result of a previous mortgage foreclosure suit in favor of National Loan Investors, LP (National). Charles Givens, Jr. was one of the judgment debtors. Ultimately, National...

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