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TERRA FIRMA v. FAIRWINDS CREDIT UNION

No. 2D08-3440.

15 So.3d 885 (2009)

TERRA FIRMA HOLDINGS, a Florida limited liability company, Appellant, v. FAIRWINDS CREDIT UNION, a Florida chartered credit union, Appellee.

District Court of Appeal of Florida, Second District.

August 5, 2009.

Attorney(s) appearing for the Case

Stanford R. Solomon of the Solomon Law Group, P.A., Tampa, for Appellant.

Samuel M. Nelson and Lisa J. Geiger of Burr and Foreman LLP, Winter Park, for Appellee.

WHATLEY, Judge.

Terra Firma Holdings appeals a summary final judgment of foreclosure entered in favor of Fairwinds Credit Union. We reverse.

The sole basis pleaded by Fairwinds in the mortgage foreclosure complaint, which was filed on August 17, 2007, was that Terra Firma defaulted by failing to make a June 15, 2007, payment. Based on that asserted default, Fairwinds elected to accelerate the balance of the payments due under the mortgage and a promissory...

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