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IN RE BAUTISTA

Bankruptcy No. 91-00411 BKC 3P3. Adversary No. 97-283.

235 B.R. 678 (1999)

In re Virgilio Guillermo BAUTISTA and Expedita Cezar Bautista, Debtors. Virgilio Guillermo Bautista and Expedita Cezar Bautista, on behalf of themselves and others similarly situated, Plaintiffs, v. Midfirst Bank, f/k/a Midfirst State Savings Bank, an Oklahoma corporation, Defendant.

United States Bankruptcy Court, M.D. Florida, Jacksonville Division.

July 6, 1999.

Attorney(s) appearing for the Case

Albert Mickler, Lynn Drysdale, Jacksonville, FL, for plaintiffs.

Kenneth B. Jacobs, Jason B. Burnett, Jacksonville, FL, for defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

GEORGE L. PROCTOR, Bankruptcy Judge.

This case is before the Court on three separate but related motions: Defendant's Motion for Involuntary Dismissal, Defendant's Motion to Strike Third Amended Complaint, and Plaintiffs' Motion for Relief From Order Based Upon Excusable Neglect. Hearings were held on April 29, 1999 and May 26, 1999, and upon the evidence presented, the following findings of fact and conclusions...

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