CONGRESS PARK OFF. v. FIRST-CITIZENS BANK

No. 4D11-4479.

105 So.3d 602 (2013)

CONGRESS PARK OFFICE CONDOS II, LLC, a Florida limited liability corporation, Yoram Galel, Jeffrey Morris, and Congress Park Owners Associations, Inc., Appellants, v. FIRST-CITIZENS BANK & TRUST COMPANY, a foreign banking corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 13, 2013.


Attorney(s) appearing for the Case

Robin Bresky and Jonathan Mann of Law Offices of Robin Bresky, Boca Raton, for appellants.

James S. Telepman of Cohen, Norris, Wolmer, Ray, Telepman & Cohen, North Palm Beach, for appellee.


GROSS, J.

The borrowers in a commercial real estate transaction appeal an order of the trial court granting final judgment of foreclosure in favor of First-Citizens Bank & Trust Co. We affirm, holding that (1) the trial court did not abuse its discretion in granting summary judgment while discovery was outstanding and (2) the borrowers have shown no material issues of fact that would preclude summary judgment.

In 2006, the borrowers executed a promissory...

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