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YOUR CONSTRUCTION CENTER, INC. v. GROSS

No. 75-361.

316 So.2d 596 (1975)

YOUR CONSTRUCTION CENTER, INC., a Florida Corporation, et al., Appellants, v. Gordon R. GROSS, Not Individually but As a Trustee of Dominion Mortgage and Realty Trust, a Massachusetts Business Trust, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 21, 1975.

Attorney(s) appearing for the Case

Edward J. McCormick of McCormick, Bedford & Backmeyer, Miami, for appellants.

John C. Dew and Kenneth Deacon of Harris, Barrett & Dew, St. Petersburg, James D. Morrison, North Palm Beach, and Robert McK. Foster, Palm Beach, for appellee.

WALDEN, Chief Judge.

This is an appeal by defendants from a trial court denial of their motion to dismiss plaintiff's complaint to foreclose a note and mortgage. The plaintiff, a trustee of Dominion Mortgage and Realty Trust, a Massachusetts business trust, brought suit to foreclose the note and mortgage as trustee. He is the sole payee on the note and mortgage. Defendants have argued that each trustee of the trust company should be named as plaintiff, and...

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