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  5. 897 F.Supp. 1431 (1995)
 

FLAGLER FED. SAV. & LOAN ASS'N v. GREENVIEW APTS.

No. 92-6603-CIV.

897 F.Supp. 1431 (1995)

FLAGLER FEDERAL SAVINGS AND LOAN ASSOCIATION OF MIAMI, a United States corporation, Plaintiff, v. GREENVIEW APARTMENTS, LTD., a Florida Limited Partnership, et al., Defendants.

United States District Court, S.D. Florida, Miami Division.

July 5, 1995.

Attorney(s) appearing for the Case

R. Hugh Lumpkin, Keith, Mack, Lewis, Cohen & Lumpkin, Miami, FL, for plaintiff.

Jeffrey R. Eisensmith, Ft. Lauderdale, FL, William Benson, Benson, Moyle & Chambers, Ft. Lauderdale, FL, Ronald A. Luzin, Coral Springs, FL, James A. Painter, Boca Raton, FL, Reginald Clyne, Clyne & Associates, P.A., Coral Gables, FL, for defendants.

ORDER

K. MICHAEL MOORE, District Judge.

THIS CAUSE came before the Court upon Plaintiff's supplemental motion to dismiss (DE 41). Having reviewed the record, considered the argument of counsel, and been advised on the premises, the Court GRANTS Plaintiff's motion for the reasons set forth below.

I. Factual background

Greenview Apartments, Ltd. ("Greenview") was a real estate developer. On July 28, 1988, it recorded...

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