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KONSULIAN v. BUSEY BANK, N.A.

No. 2D10-2163.

61 So.3d 1283 (2011)

Sarkis KONSULIAN, Appellant, v. BUSEY BANK, N.A. as Successor in interest by Acquisition of Tarpon Coast National Bank, Appellee.

District Court of Appeal of Florida, Second District.

June 1, 2011.

Attorney(s) appearing for the Case

Gregg Horowitz , Sarasota, for Appellant.

Mark A. Horowitz of Warchol, Merchant & Rollings, LLP, Cape Coral, for Appellee.

BLACK, Judge.

Sarkis Konsulian appeals the trial court's order granting summary judgment in favor of Busey Bank ("Busey"). On appeal, Konsulian argues that Busey failed to meet a condition precedent to the filing of the complaint. Specifically, Konsulian asserts that Busey filed suit prematurely, giving Konsulian incomplete and inadequate notice and opportunity to cure. In addition to being prematurely filed, Konsulian claims that the acceleration letter failed to...

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