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EAGLE FL VI SPE, LLC v. T & A FAMILY P'SHIP

No. 2D14-870.

177 So.3d 1277 (2015)

EAGLE FL VI SPE, LLC, a North Carolina limited liability company, as successor by assignment to Branch Banking and Trust Company, a North Carolina banking corporation, as successor-in-interest to Colonial Bank by asset acquisition from the FDIC as Receiver for Colonial Bank, Appellant, v. T & A FAMILY PARTNERSHIP, LTD., a Florida limited partnership; CRF-Maitland, LLC, a Florida limited liability company; Lawrence T. Maxwell, individually; William D. Drost, individually; and Deer Creek Commercial North Owners' Association, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, Second District.

October 30, 2015.

Attorney(s) appearing for the Case

Christopher D. Donovan of Roetzel & Andress, LPA, Naples, and W. Glenn Jensen , and Mychal J. Katz of Roetzel & Andress, LPA, Orlando, for Appellant.

Alan L. Perez and Thomas C. Saunders of Saunders Law Group, Bartow, for Appellee T & A Family Partnership, Ltd., a Florida limited partnership.

No appearance for remaining Appellees.

This appeal arises from three commercial foreclosure and deficiency actions, consolidated below because the loans had the same guarantors—T & A Family Partnership, William D. Drost, and Lawrence T. Maxwell. The Partnership and Drost stipulated to foreclosure judgments with Branch Banking and Trust Company (BB & T)...

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