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5TH AVENUE REAL ESTATE v. AEACUS

No. 4D03-1520.

876 So.2d 1220 (2004)

5th AVENUE REAL ESTATE DEVELOPMENT, INC., a Florida corporation, and Willis Hale, Appellants, v. AEACUS REAL ESTATE LIMITED PARTNERSHIP, a Jersey Channel Islands limited partnership, Appellee.

District Court of Appeal of Florida, Fourth District.

June 9, 2004.

Attorney(s) appearing for the Case

James S. Telepman of Cohen, Norris, Scherer, Weinberger & Wolmer, North Palm Beach, for appellants.

Norman L. Schroeder, II of Norman L. Schroeder, II, P.A., Lake Worth, for appellee.

PER CURIAM.

Appellants, 5th Avenue Real Estate Development, Inc. ("5th Avenue") and Willis Hale, appeal the trial court's entry of a Final Summary Judgment of Foreclosure and Final Summary Judgment on Guarantee of Notes. Because we find that there are issues of material fact, we reverse and remand.

This case began as an action by the Appellee, Aeacus Real Estate Limited Partnership ("Aeacus"), against 5th Avenue and Willis Hale, the vice president of 5th Avenue...

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