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J SQUARE ENTERPRISES v. REGNER

Nos. 98-1990, 98-2812.

734 So.2d 565 (1999)

J SQUARE ENTERPRISES, Appellant, v. Joseph E. REGNER, Jr., and The Bank of Winter Park, Appellees.

District Court of Appeal of Florida, Fifth District.

June 4, 1999.

Attorney(s) appearing for the Case

Mario A. Garcia of Pappas and Garcia, Orlando, for Appellant.

David J. Kohs and Houston E. Short of Pohl and Short, P.A., Winter Park, for Appellees, Joseph E. Regner, Jr., and The Bank of Winter Park.

COBB, J.

The appellant, J Square Enterprises, defaulted on its mortgage held by The Bank of Winter Park (hereinafter Bank), and a foreclosure sale date of November 12, 1993, was set. According to J Square's complaint, which was ultimately dismissed by the trial court, Bank at the same time obtained a foreclosure judgment against Delta Diagnostics, Inc. in the sum of $62,320.40. Due to the uncertainty of collection of the Delta judgment, Bank's agent, Joseph E. Regner...

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