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MASON v. RUBIN

No. 97-4532.

727 So.2d 283 (1999)

Charles MASON, Appellant/Cross-appellee, v. Guy B. RUBIN and Stephanie Rubin, his wife, Appellees/Cross-appellants.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 15, 1999.

Attorney(s) appearing for the Case

Tim B. Wright and William R. Ponsoldt, Jr. of Warner, Fox, Seeley, Dungey & Sweet, L.L.P., Stuart, for appellant/cross-appellee..

Stuart M. Address of Rubin & Rubin, Stuart, for appellees/cross-appellants.

KLEIN, J.

This appeal is from a judgment denying foreclosure of a $10,000 second mortgage. The lenders, who had sold the borrowers their home, separated after the closing, and requested that the borrowers divide the $66 monthly payment equally between the lenders. The borrowers made the $33 payments timely to the wife, but testified that they had been waiting for the husband to inform them as to where he was residing, so...

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