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ENGLISH v. BANKERS TRUST CO. OF CALIFORNIA

No. 4D03-4567.

895 So.2d 1120 (2005)

Shana ENGLISH, Appellant, v. BANKERS TRUST COMPANY OF CALIFORNIA, N.A., etc., et al, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 6, 2005.

Attorney(s) appearing for the Case

Richard W. Glenn of Law Office of Richard W. Glenn, West Palm Beach, for appellant.

Anne M. Malley of William M. Golson & Associates, Clearwater, for Appellee-Bankers Trust Company of California, N.A.

STONE, J.

We affirm a summary judgment of foreclosure in favor of Bankers Trust. The trial court properly allowed Bankers Trust to join English in a re-foreclosure of a mortgage where it failed to join the true owner of the property, an indispensable party, in the first foreclosure.

There are no disputed issues of material fact. Bankers Trust first attempted to foreclose, in a separate case, in early 2002. It named only English, the original owner and mortgagor...

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