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AG BEAUMONT 1, LLC v. LSREF2 OREO (DIRECT)

No. 2D12-5873.

123 So.3d 675 (2013)

AG BEAUMONT 1, LLC, a Delaware limited liability company; AG Beaumont 2, LLC, a Delaware limited liability company; AG Beaumont 3, LLC, a Delaware limited liability company; AG Beaumont 4, LLC, a Delaware limited liability company; AG Beaumont 5, LLC, a Delaware limited liability company; AG Beaumont 6, LLC, a Delaware limited liability company; AG Beaumont 7, LLC, a Delaware limited liability company; AG Beaumont 8, LLC, a Delaware limited liability company; AG Beaumont 9, LLC, a Delaware limited liability company; AG Beaumont 10, LLC, a Delaware limited liability company; AG Beaumont 11, LLC, a Delaware limited liability company; AG Beaumont 12, LLC, a Delaware limited liability company; AG Beaumont 13, LLC, a Delaware limited liability company; AG Beaumont 14, LLC, a Delaware limited liability company; AG Beaumont 15, LLC, a Delaware limited liability company; AG Beaumont 16, LLC, a Delaware limited liability company; AG Beaumont 17, LLC, a Delaware limited liability company; AG Beaumont 18, LLC, a Delaware limited liability company; AG Beaumont 19, LLC, a Delaware limited liability company; AG Beaumont 20, LLC, a Delaware limited liability company; AG Beaumont 21, LLC, a Delaware limited liability company; AG Beaumont 22, LLC, a Delaware limited liability company; AG Beaumont 23, LLC, a Delaware limited liability company; AG Beaumont 24, LLC, a Delaware limited liability company; AG Beaumont 26, LLC, a Delaware limited liability company, Appellants, v. LSREF2 OREO (DIRECT), a Delaware limited liability company, Appellee.

District Court of Appeal of Florida, Second District.

October 18, 2013.

Attorney(s) appearing for the Case

Richard A. Schlosser , Jon P. Tasso , and Michael R. Rocha of Bricklemyer Smolker , P.A., Tampa, for Appellants.

Lee D. Mackson , Stephen T. Maher , and Michelle G. Hendler of Shutts & Bowen, LLC, Miami, for Appellee.

DAVIS, Chief Judge.

The several Beaumont LLCs collectively challenge the final summary judgment of foreclosure entered by the trial court in favor of LSREF2 Oreo (Direct), LLC (herein referred to as "the Bank").1 Because there remains a disputed issue of material fact, we reverse the final summary judgment and remand for further proceedings.

On February 12, 2004, Bank of America made a loan to Adler Group Beaumont Investors, LLC...

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