BANK OF AMERICA, N.A. v. DIAMOND

No. 4D10-2178.

60 So.3d 1093 (2011)

BANK OF AMERICA, N.A., Petitioner, v. Keith D. DIAMOND, individually, and Steven R. Simon, individually, Respondents.

District Court of Appeal of Florida, Fourth District.

April 6, 2011.


Attorney(s) appearing for the Case

Stephen T. Maher , Lee D. Mackson and Michelle L. Gerber of Shutts & Bowen LLP, Miami, for petitioner.

John P. Seiler of Seiler, Sautter, Zaden, Rimes & Weihe, Wilton Manors, for respondent Keith R. Diamond.

Steven R. Simon of Steven R. Simon, P.A., Miami, for respondent Steven R. Simon.


PER CURIAM.

The petition for writ of prohibition is denied. The court has jurisdiction to consider the answers and counterclaim filed after the final judgment of foreclosure, as they relate to the motion for deficiency judgment. The answers and counterclaim also contest liability on the guarantees executed by the individual defendants. The issue of liability on the guarantees was raised in count II of the amended complaint, but those issues were not disposed of in...

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