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AEACUS REAL ESTATE v. 5TH AVE. REAL ESTATE

No. 4D05-3599.

948 So.2d 834 (2007)

AEACUS REAL ESTATE LIMITED PARTNERSHIP, Appellant, v. 5TH AVENUE REAL ESTATE DEVELOPMENT, INC.; Willis Hale; and Real Estate Depot, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

January 24, 2007.

Attorney(s) appearing for the Case

Barbara J. Compiani and Jane Kreusler-Walsh of Kreusler-Walsh, Compiani & Vargas, P.A., West Palm Beach, and Norman L. Schroeder, II, of Norman L. Schroeder, II, P.A., Lake Worth, for appellant.

James S. Telepman of Cohen Norris Scherer Weinberger & Wolmer, North Palm Beach, for 5th Avenue Real Estate Development and Willis Hale.

Charles Wender, Boca Raton, for Real Estate Depot.

FARMER, J.

This case now returns to us after our remand on the prior appeal. 5th Avenue Real Estate Development, Inc. v. Aeacus Real Estate Ltd. P'ship, 876 So.2d 1220 (Fla. 4th DCA 2004). There we reviewed a summary judgment of foreclosure resulting after a settlement agreement. We reversed the judgment as premature, concluding that the record did not show conclusively that the mortgagee had given the 30 days notice of the...

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