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LRB HOLDING CORP. v. BANK OF AMERICA, N.A.

No. 3D06-387.

944 So.2d 1113 (2006)

LRB HOLDING CORPORATION, Leo Benitez, P.A. & Leo Benitez, Appellants, v. BANK OF AMERICA, N.A., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 12, 2007.

Attorney(s) appearing for the Case

Benitez & Associates, and Leo Benitez, and Lizette Benitez, for appellants.

Liebler, Gonzalez & Portuondo, Miami, and Juan A. Gonzalez, for appellee.

Before GERSTEN, GREEN, and RAMIREZ, JJ.

PER CURIAM.

Leo Benitez, Leo Benitez, P.A., and LRB Holding Corporation, (collectively "LRB"), appeal an adverse summary judgment. We affirm.

LRB executed a $300,000 promissory note and mortgage, on a commercial loan, with Nationsbank, the predecessor of the appellee, Bank of America ("Bank"). The note provided that LRB was required to make payments on the 16th of each month. LRB made numerous late payments, including

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