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SINGER ASSET FINANCE CO., L.L.C. v. TEMPKINS

No. 3D02-2588.

871 So.2d 915 (2004)

SINGER ASSET FINANCE COMPANY, L.L.C., Appellant, v. Harry TEMPKINS, Esquire, as Curator of the Estate of Dorothy J. Bethel, Deceased, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 12, 2004.

Attorney(s) appearing for the Case

Nason, Yeager, Gerson, White & Lioce, P.A., and Brett J. Horowitz and Nat Nason, West Palm Beach, for appellant.

Newman & Tempkins, P.A., and Harry Tempkins, Miami Beach, for appellee.

Before COPE, GODERICH and RAMIREZ, JJ.

COPE, J.

Singer Asset Finance Company, L.L.C., appeals a summary judgment in its suit on two loans secured by assignments of the payment stream of a structured settlement agreement. We respectfully disagree with the trial court and conclude that the summary judgment must be reversed.

I.

In 1995, the Estate of Anna Symonette entered into a settlement with Jackson Manor Nursing Home, Inc. The Estate had sued for wrongful death arising out of alleged...

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