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SLIZYK v. SMILACK

No. 4D00-1510.

825 So.2d 428 (2002)

Alma Jeanne SLIZYK, individually and as Trustee for Christopher S. Slizyk and Tiffany S. Slizyk, Appellant, v. Steven A. SMILACK, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 6, 2002.

Attorney(s) appearing for the Case

Alma Jeanne Slizyk, New Smyrna Beach, pro se.

Steven A. Smilack, Fort Lauderdale, pro se.

ON MOTION FOR REHEARING

WARNER, J.

We deny the motion for rehearing but withdraw our previously issued opinion and substitute the following in its place.

Appellant claims that the court erred in entering a final judgment of foreclosure on real property where appellee did not produce the original note and mortgage and did not comply with section 673.3091, Florida Statutes (1997), concerning lost instruments. We conclude that appellee was entitled...

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