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ABOVE PAR LOSS PREVENTION, INC. v. ALBANO

No. 4D07-3675.

983 So.2d 775 (2008)

ABOVE PAR LOSS PREVENTION, INC., Appellant, v. Giorgiana Colucci ALBANO, Frank Albano, and National Equity Recovery Services, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

June 18, 2008.

Attorney(s) appearing for the Case

Robert L. Shearin, Fort Lauderdale, for appellant.

No brief filed on behalf of appellees.

WARNER, J.

Affirmed. The appellant complains of an order authorizing disbursement of surplus funds to National Equity Recovery Services ("NERS"), a surplus trustee for the receipt of foreclosure proceeds pursuant to section 45.033(3), Florida Statutes. Appellant claimed that it was entitled to the proceeds, as it had an assignment from the owners of the foreclosed property and was also a qualified surplus trustee. However, NERS also had an assignment from the...

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