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HUNTINGTON NAT. BANK, v. MERRILL LYNCH

No. 2D98-4842.

779 So.2d 396 (2000)

The HUNTINGTON NATIONAL BANK, Appellant, v. MERRILL LYNCH CREDIT CORPORATION, a Delaware corporation, Appellee.

District Court of Appeal of Florida, Second District.

August 2, 2000.

Attorney(s) appearing for the Case

Jeanette Martinez of Porter, Wright, Morris & Arthur, Naples, for Appellant.

Harold N. Hume, Jr. and Gerald W. Pierce of Henderson, Franklin, Starnes & Holt, P.A., Fort Myers, for Appellee.

NORTHCUTT, Judge.

This case involves a dispute between The Huntington National Bank and Merrill Lynch Credit Corporation over the priority of their mortgages on Diana Perkinson's property. We reverse a summary judgment dismissing with prejudice Huntingon's effort to reform and foreclose its mortgage.

The record on Merrill Lynch's motion for summary judgment comprised the pleadings and two affidavits by Huntington loan officers. These reflected that in February...

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