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O'BRIEN v. FEDERAL TRUST BANK, F.S.B.

No. 97-2523.

727 So.2d 296 (1999)

Barbara E. O'BRIEN, Appellant, v. FEDERAL TRUST BANK, F.S.B., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 15, 1999.

Attorney(s) appearing for the Case

David L. Fleming, Pensacola, for Appellant.

Eli H. Subin of Holland & Knight, LLP, Orlando, for Appellee.

THOMPSON, J.

Barbara E. O'Brien timely appeals from a summary final judgment of foreclosure. She contends that the court erred in denying her leave to amend her answer and counterclaim, and in entering summary judgment of foreclosure for Federal Trust Bank. We reverse.

O'Brien sought leave to amend her answer to FTB's foreclosure complaint, and to file an omitted counterclaim and third-party complaint alleging a federal RICO1 violation...

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