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DAILEY v. LESHIN

No. 4D00-5.

792 So.2d 527 (2001)

Nancy Kay DAILEY and Thomas A. Warmus, Appellants, v. Randall L. LESHIN and Randall L. Leshin, P.A., a Florida professional services corporation, and Arthur M. Walker, Trustee of the Arthur M. Walker Trust, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 17, 2001.

Attorney(s) appearing for the Case

Nancy Kay Dailey and Thomas A. Warmus, Lighthouse Point, pro se.

Richard J. Potash of Richard J. Potash, P.A., Plantation, for appellee Arthur M. Walker, Trustee of the Arthur M. Walker Trust.

Randall L. Leshin of Randall L. Leshin, P.A., Pompano Beach, pro se.

WARNER, C.J.

Appellants challenge a final summary judgment rendered against them on their counterclaims raising Truth-in-Lending Act ("TILA") violations as a defense to a mortgage foreclosure. The trial court granted summary judgment because appellants' sale of the property rendered their TILA claims moot. While we agree that the claim for damages under TILA's section 1635 was moot, the court failed to address the other...

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