ROACH v. TOTALBANK

No. 4D10-3641.

85 So.3d 574 (2012)

Peter ROACH, Francine Roach, Mark Landau, Ella Landau, Geri Fessler and Eric Fessler, Appellants, v. TOTALBANK, a Florida banking corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

April 25, 2012.


Attorney(s) appearing for the Case

William J. Berger and David K. Friedman of Weiss, Handler, Angelos, Cornwell, P.A., Boca Raton, for appellants.

Suzan Jon Jacobs of Levine & Partners, P.A., Miami, for appellee.


MAY, C.J.

Personal guarantors appeal a summary final judgment of foreclosure and recovery on the personal guarantees. They argue the trial court erred in striking their affirmative defenses of lack of personal jurisdiction and improper service, and in granting summary judgment on the foreclosure, as genuine issues of material fact remained unresolved. We affirm in part and reverse in part.

The borrower executed and delivered a promissory note and mortgage...

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