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MARINA FUNDING GROUP v. PENINSULA PROPERTY

No. 4D05-4788.

950 So.2d 428 (2007)

MARINA FUNDING GROUP, INC., a Florida corporation, and Broward Yachts, Inc., a Florida corporation, Appellants, v. PENINSULA PROPERTY HOLDINGS, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

January 3, 2007.

Attorney(s) appearing for the Case

Larry A. Zink of Zink, Zink & Zink Co., L.P.A., Hillsboro Beach, for appellants.

Alfred A. Lasorte, Jr. of Shutts & Bowen LLP, West Palm Beach, for appellee.

STONE, J.

Marina Funding Group, Inc. and Broward Yachts, Inc. (collectively "Broward/Marina") appeal from a final judgment in favor of the plaintiff, Peninsula Property Holdings, Inc. ("Peninsula"), after a non-jury trial.1 We affirm.

We recite only the most essential of the complex facts. Peninsula foreclosed on a first mortgage on the subject property ("Binks"), unaware that it was also encumbered by a second mortgage, held by...

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