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MENDELSON v. GREAT WESTERN BANK, F.S.B.

No. 97-01323.

712 So.2d 1194 (1998)

Lavine MENDELSON, Appellant, v. GREAT WESTERN BANK, F.S.B., Appellee.

District Court of Appeal of Florida, Second District.

June 19, 1998.

Attorney(s) appearing for the Case

Thomas S. Rutherford, Tampa, for Appellant.

Larry M. Segall of Gibbons, Smith, Cohn & Arnett, P.A., Tampa, for Appellee.

NORTHCUTT, Judge.

Lavine Mendelson challenges a final summary judgment foreclosing a mortgage on property he claims to own as a tenant in common with his former wife. We reverse because the mortgagee did not conclusively demonstrate its entitlement to summary judgment.

The property at issue comprises a residence on a one-acre lot, and an adjacent vacant acre, lying in west Hillsborough County. Mr. Mendelson and his former wife, Sofia Mendelson, owned the property...

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