CORAL REEF DRIVE LAND DEV. v. DUKE REALTY

No. 3D09-2356.

45 So.3d 897 (2010)

CORAL REEF DRIVE LAND DEVELOPMENT, LLC, Douglas F. Landsea and Robert J. Shelley, Appellants, v. DUKE REALTY LIMITED PARTNERSHIP, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied October 29, 2010.


Attorney(s) appearing for the Case

Isicoff, Ragatz & Koenigsberg and Eric D. Isicoff and Teresa Ragatz , Miami, for appellant.

Broad and Cassell and Gary E. Lehman , Miami, and Beverly A. Pohl , Fort Lauderdale, for appellee.

Before COPE and SALTER, JJ., and SCHWARTZ, Senior Judge.


SALTER, J.

Coral Reef Drive Land Development, LLC, appeals a summary judgment and final judgment of foreclosure entered in favor of Duke Realty Limited Partnership.1 The issue is whether the appellants raised genuine issues of material fact for trial supporting legally sufficient claims that: (a) the lender exercised such control as to transform the debtor-creditor relationship into a joint venture, and (b) certain alleged verbal communications...

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