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SECRETARY OF VET. AFFAIRS v. ROMA FOOD ENT. OF FLA., INC.

No. 5D02-1467.

840 So.2d 1066 (2003)

SECRETARY OF VETERANS AFFAIRS, Appellant, v. ROMA FOOD ENTERPRISES OF FLORIDA, INC., et al., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 1, 2003.

Attorney(s) appearing for the Case

Robert Taylor Bowling and Scott W. Cichon, of Cobb & Cole, Daytona Beach, for Appellant.

August J. Stanton, III of Stanton & Gasdick, P.A., Orlando, for Appellees.

HARRIS, C., Senior Judge.

Romeo and Susan Serdari operated a pizza restaurant and were supplied by Roma. After the Serdaris ran up a large account with Roma, they executed an instrument acknowledging a debt of some $60,000 and agreed that said debt would be payable "upon the sale" of specifically described property. This instrument, called a "mortgage," was recorded in the records of Volusia County. One of the parcels described in said "mortgage" was subsequently...

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