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ZIMMERMAN v. OLYMPUS FIDELITY TRUST, LLC

No. 4D02-2843.

847 So.2d 1101 (2003)

Laurence ZIMMERMAN and Kimberly Zimmerman, Appellants, v. OLYMPUS FIDELITY TRUST, LLC and PaineWebber, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

June 18, 2003.

Attorney(s) appearing for the Case

Richard P. Zaretsky of Richard P. Zaretsky, P.A., West Palm Beach, for appellants.

Alfred A. Lasorte of Shutts & Bowen, LLP, Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., and Michael T. Kranz of Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, for appellee Olympus Fidelity Trust, LLC.

STEVENSON, J.

This is an appeal from a final summary judgment of foreclosure in a mortgage case. We reverse.

Palm Beach National Bank filed a complaint for foreclosure against Laurence and Kimberly Zimmerman, seeking to foreclose on two mortgages in which the Zimmermans had failed to make timely payments. The Zimmermans and Palm Beach National entered into a settlement agreement which was accepted by the trial court...

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