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770 PPR, LLC v. TJCV LAND TRUST

Nos. 4D08-4796, 4D08-4797.

30 So.3d 613 (2010)

770 PPR, LLC, a Florida limited liability company, and Gregory K. Talbott, individually, Appellants, v. TJCV LAND TRUST, a Florida Land Trust, Appellee. 140 Associates, Ltd., a Florida limited liability company, and Gregory K. Talbott, individually, Appellants, v. Seacoast National Bank, a National Banking Association, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 15, 2010.

Attorney(s) appearing for the Case

Robert A. Sweetapple of Sweetapple, Broeker & Varkas, P.L., Boca Raton, for appellants.

Richard A. Kupfer, Delray Beach, and Harvey R. Schneider, Boca Raton, for appellee TJCV Land Trust, a Florida Land Trust.

John H. Pelzer, Morris G. Miller and Eric C. Christu of Ruden, McClosky, Smith, Schuster & Russell, P.A., West Palm Beach, for appellee Seacoast National Bank, a National Banking Association.

CIKLIN, J.

Because the issues presented by the parties are virtually identical, we sua sponte consolidate these cases.

In October of 2006, 770 PPR, LLC obtained a loan from Seacoast National Bank, a national banking association ("the bank") in exchange for a mortgage on its restaurant site. Also, in October of 2006, the bank extended a loan to 140 Associates, Ltd., in exchange for a mortgage on its office building. Both loans were personally guaranteed by...

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