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EMPIRE DEVELOPERS GROUP v. LIBERTY BANK

No. 2D11-1410.

87 So.3d 51 (2012)

EMPIRE DEVELOPERS GROUP, LLC; Richard B. Melson; Amy Melson; William L. Slavich; and Brenda Slavich, Appellants, v. LIBERTY BANK; Kenneth D. Goodman, Individually and as Trustee of the Bellini Investment Trust; Empire Builders of Collier County, Inc.; Bellini Development, LLC; Miromar Lakes Master Association, Inc.; Mark T. Bergmann; Unknown Tenant 1; Unknown Tenant 2; Unknown Tenant 3; Unknown Tenant 4; Unknown Tenant 5; Unknown Tenant 6; Unknown Tenant 7; Unknown Tenant 8; Unknown Tenant 9; and All Unknown Parties in Interest, Appellees.

District Court of Appeal of Florida, Second District.

April 13, 2012.

Attorney(s) appearing for the Case

Mark H. Muller of Mark H. Muller, P.A., Naples, for Appellants.

Theodore R. Walters and Jayne M. Skindzier of Cummings & Lockwood, LLC, Naples, for Appellee Liberty Bank.

No appearance for remaining Appellees.

CRENSHAW, Judge.

Empire Developers Group, LLC, Richard B. Melson, Amy Melson, William L. Slavich, and Brenda Slavich (collectively referred to as Empire) appeal a final deficiency judgment entered against them in favor of Liberty Bank in the amount of $2,657,219.72. Because the deficiency judgment is not supported by competent, substantial evidence as to the fair market value of the property at the time of foreclosure sale, we reverse and remand for further proceedings...

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