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ALMOND ENTERTAINMENT, INC. v. BAYVIEW LOAN

No. 2D11-47.

98 So.3d 723 (2012)

ALMOND ENTERTAINMENT, INC.; Edmond Brian Waymel; and Zeljko Bogdanovic, Appellants, v. BAYVIEW LOAN SERVICING, LLC, a Delaware Limited Liability Co., Appellee.

District Court of Appeal of Florida, Second District.

October 5, 2012.

Attorney(s) appearing for the Case

Charles R. Gallagher III of Gallagher & Associates Law Firm, P.A., Saint Petersburg, for Appellants.

Gary M. Freedman and Mahra Sarofsky of Tabas, Freedman, Soloff, Miller & Brown, P.A., Miami, for Appellee.

NORTHCUTT, Judge.

Almond Entertainment, Inc., and its officers, who are also guarantors on Almond's note, appeal a final summary judgment in favor of Bayview Loan Servicing, LLC. They argue that summary judgment was premature because discovery was ongoing. We agree and reverse.

Bayview Loan filed a commercial foreclosure action against Almond and the guarantors, and it subsequently filed a motion for summary judgment. Almond filed a motion to compel the deposition...

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