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BACK BAY AT CARILLON v. QUALITY PROPERTIES

No. 2D12-2455.

112 So.3d 710 (2013)

BACK BAY AT CARILLON LLC, a Delaware limited liability company; and Echelon Development LLC, a Delaware limited liability company, Appellants, v. QUALITY PROPERTIES ASSET MANAGEMENT COMPANY, as Assignee of Bank of America, N.A.; Andrew Banish; Matthew Milask a/k/a Mark Milask; Will Lumpkin a/k/a Wil Lumpkin; Sonceray Lumpkin; Jung Suh; Kim Goun; Malic Vann; Telap Tan; Larry Vandervelde; Kathy Vandervelde; Greg Titus; Saisunee Rungfar a/k/a Saisunee Titus; William Vanderford a/k/a Bill Vanderford; Renee Vanderford; Mandy Zubrick a/k/a Mandy Zurbinck; Donald Zubrick a/k/a Donald Zurbinck; Daryn Young; Monique Gentile; Michael Watkins; Ayakao Watkins; William James a/k/a Bill James; Lisa James; Zawdie Little; Angelique Little; Richard Glenn Cilimberg; Isabel Cilimberg; Shawn Patterson; Jamila Patterson; Jason Ray; Rachel Fox a/k/a Rachel Ray; Daria Feazell; and Daria P. Simmons, Appellees.

District Court of Appeal of Florida, Second District.

May 8, 2013.

Attorney(s) appearing for the Case

Marie Tomassi , Roberta A. Colton , and Stephanie C. Lieb of Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A., Tampa, for Appellants.

John M. Mullin , Richard L. Petrovich , and Stephanie C. Vellios of Tripp Scott, P.A., Fort Lauderdale, for Appellee Quality Properties Asset Management Company.

No appearance for remaining Appellees.

VILLANTI, Judge.

Back Bay at Carillon LLC and Echelon Development LLC (collectively "Appellants") appeal the final deficiency judgment entered against them after Bank of America foreclosed on a construction loan and then assigned the foreclosure judgment to Quality Properties Asset Management Company. Quality Properties has conceded that the deficiency judgment fails to account for $181,671.11 in proceeds that Quality Properties — through Bank of America &...

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