COLUMBIA BANK v. COLUMBIA DEVELOPERS, LLC

No. 1D12-5270.

127 So.3d 670 (2013)

COLUMBIA BANK, Appellant, v. COLUMBIA DEVELOPERS, LLC, A Florida Limited Liability Company, Jock R. Phelps, Gerald M. Smith Sr., Gerald M. Smith Jr., and John Doe Or Unknown Tenants, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied December 19, 2013.


Attorney(s) appearing for the Case

Nicholas V. Pulignano, Jr. and Meagan L. Logan of Marks Gray, P.A., Jacksonville, for Appellant.

Kris B. Robinson of Robinson, Kennon & Kendron, Lake City, for Appellee.


WETHERELL, J.

Columbia Bank ("the bank") appeals the dismissal of this Columbia County foreclosure action against Appellees. The bank argues that the trial court erred in construing a settlement agreement arising out of unrelated Suwannee County litigation involving the bank and one of the Appellees, Gerald M. Smith, Jr. ("Smith Jr."), to require dismissal of this case. We agree. Accordingly, we reverse the dismissal order and remand for further proceedings.

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