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SCHEIBE v. BANK OF AMERICA, N.A.

No. 5D01-1281.

822 So.2d 575 (2002)

George SCHEIBE and Kayna Scheibe, Appellants, v. BANK OF AMERICA, N.A., Appellee.

District Court of Appeal of Florida, Fifth District.

August 2, 2002.

Attorney(s) appearing for the Case

Jack D. Hoogewind, Dade City, for Appellants.

Ronald B. Cohn and Kim Hernandez Vance of Cohn, Cohn & Hendrix, P.A., Tampa, for Appellee.

SAWAYA, J.

The mortgagee, Bank of America, N.A., (the Bank) filed a mortgage foreclosure action against the mortgagors, George and Kayna Scheibe (the Scheibes). The trial court entered summary judgment in favor of the Bank and awarded it attorney's fees and court costs. The Scheibes appeal and raise several issues, one of which is that the trial court erred in entering final summary judgment because disputed issues of material fact exist. We agree and reverse.

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