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OHIO REALTY INV. CO. v. LAWYERS TITLE INS. CORP. OF VA.

No. 70-468.

244 So.2d 176 (1971)

OHIO REALTY INVESTMENT COMPANY, an Ohio Corporation, Appellant, v. LAWYERS TITLE INSURANCE CORPORATION OF RICHMOND, VIRGINIA, and Taco Rancho, Inc., an Ohio Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

February 12, 1971.

Attorney(s) appearing for the Case

Frank E. Booker and Luther M. Taylor, of Ryan, Taylor & Law, North Palm Beach, for appellant.

Frank R. Scarito and Salvatore R. Scarito, of Fernandez & Scarito, Orlando, for appellee Lawyers Title Insurance Corp. of Richmond, Va.

OWEN, Judge.

Appellant was defendant in a mortgage foreclosure suit. In answer to the complaint, appellant denied that the note and mortgage was in default and alleged affirmatively that prior to the time that plaintiff declared the note and mortgage in default for nonpayment of an interest installment, payment had been tendered by defendant and refused by plaintiff. After the cause was at issue the court entered its order...

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