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CENTRAL BANK AND TRUST CO. v. DIAZ

No. 83-229.

442 So.2d 1005 (1983)

CENTRAL BANK AND TRUST COMPANY, Appellant, v. Frank L. DIAZ, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 16, 1984.

Attorney(s) appearing for the Case

Greene & Cooper and Joan M. Bolotin and Robyn Greene, Miami, for appellant.

Britton, Cohen, Cassel, Kaufman & Schantz and J.T. Haley, Miami, for appellee.

Before HENDRY, BARKDULL and DANIEL S. PEARSON, JJ.

PER CURIAM.

Central Bank and Trust Company sought to foreclose a mortgage executed by Diaz, securing Diaz's contemporaneously executed guaranty to pay the outstanding debts of a corporate automobile dealership in which Diaz was the majority shareholder. The trial court, concluding from Diaz's testimony that the parties intended the mortgage (despite its clear and unqualified language) to collateralize only a certain limited part of the guaranteed corporate indebtedness...

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