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HAYES v. CHASE MANHATTAN BANK

No. 1D06-4964.

973 So.2d 516 (2007)

Jo Matthews HAYES, as personal representative of the Estate of Donald Matthews, Appellant, v. CHASE MANHATTAN BANK, as Trustee, for GRMT II Mortgage Loan Trust 2000-1, dated September 1, 2000, and Fairbanks Capital, Inc., a foreign profit corporation, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied February 5, 2008.

Attorney(s) appearing for the Case

Carl Scott Schuler and Brian J. Lee of the Law Offices of Carl Scott Schuler, P.A., Jacksonville, for Appellant.

Leslie Bissinger Golden and Robert W. Thielhelm of Baker & Hostetler LLP, Orlando, for Appellees.

BROWNING, C.J.

Appellant seeks review of the summary judgment entered against Donald Matthews. For the reasons discussed below, we reverse the judgment and remand for proceedings consistent with this opinion. We begin by setting forth the facts.

In 2001, Appellee Chase Manhattan Bank brought a foreclosure action against Donald Matthews; Matthews filed a counterclaim and, subsequently, a third-party complaint against Appellee Fairbanks, Chase Manhattan's servicer...

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