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ADMIRAL SEC. & INV. CO. v. CURTIS

No. 4D00-1173.

804 So.2d 354 (2001)

ADMIRAL SECURITY & INVESTMENT CO.; and Doris E. Johnson, as trustee, Appellants, v. Peter Shaw CURTIS; Margaret Martyn Curtis; Florida Coast Bank of Palm Beach County, N.A.; Carteret Savings Bank, F.A.; and John Dale Stauffer, Jr., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 19, 2001.

Attorney(s) appearing for the Case

Eugene S. Garrett, Boca Raton, for appellants.

John L. Korthals, Law Office of John L. Korthals, Pompano Beach, for Appellees Peter Shaw Curtis and Margaret Martyn Curtis.

PER CURIAM.

We affirm the trial court's holding on summary judgment in this quiet title action that the applicable statutes of limitations and repose bar enforcement of the subject mortgages. See §§ 95.11(2)(c) and 95.241, Fla. Stat. (2000). We write only to address defendants' argument that their defense of recoupment may be asserted to defeat this quiet title action even though it is based on the debt secured by the mortgages whose enforcement is...

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