WALTER T. EMBRY, INC. v. LASALLE NAT. BANK

No. 4D00-2485.

792 So.2d 567 (2001)

WALTER T. EMBRY, INC., Appellant, v. LaSALLE NATIONAL BANK, n/k/a LaSalle Bank National Association, as Trustee, and 1260 Palm Beach Lakes, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 10, 2001.


Attorney(s) appearing for the Case

Amy L. Fischer and F. Malcolm Cunningham, Jr., of the Cunningham Law Firm, West Palm Beach, for appellant.

Robert N. Gilbert and Henry S. Wulf of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., West Palm Beach, for Appellee LaSalle National Bank, etc.


STEVENSON, J.

This is an appeal from a mortgage foreclosure in favor of the first mortgagee, LaSalle National Bank, and against 1260 Palm Beach Lakes, Inc. (PBL), the owner of the property foreclosed. Appellant, Walter T. Embry, holds a junior mortgage and, in addition, has a leasehold interest in the PBL property. LaSalle named Embry as a party with an interest in the property and also sought to foreclose the lease on the basis that Embry had breached an "agreement...

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