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MARIN v. SEVEN OF FIVE LTD.

No. 4D04-4037.

921 So.2d 699 (2006)

Carlos MARIN and Cecilia Marin, his wife, Appellants, v. SEVEN OF FIVE LIMITED, a Florida limited partnership, Appellee.

District Court of Appeal of Florida, Fourth District.

February 8, 2006.

Attorney(s) appearing for the Case

William G. Crawford, Jr., of McDonald & Crawford, P.A., Fort Lauderdale, for appellants.

Donald M. Allison of Gillespie & Allison, P.A., Boca Raton, for appellee.

STEVENSON, C.J.

In this appeal, the borrowers challenge a summary final judgment of foreclosure, insisting that genuine issues of material fact remained concerning their affirmative defenses. We find that the appellants' argument is well-taken, reverse the order appealed, and remand the case for further proceedings.

Seven of Five Limited, the mortgagee and plaintiff below, filed a foreclosure action after Carlos...

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