Opinion
No. 90-914.
January 15, 1991.
An Appeal from the Circuit Court for Dade County; Leonard Rivkind, Judge.
Donald Eugene Mason, Miami, for appellants.
Adorno Zeder and Frank R. Rodriquez and Paulino A. Nunez, Coconut Grove, for appellee.
Before SCHWARTZ, C.J., and BASKIN and FERGUSON, JJ.
We agree with the trial court that it was established without genuine issue that the appellee FDIC, as liquidator of an insolvent state bank, was entitled to foreclosure and that no affirmative defenses were sustainable under the law. See David v. Sun Fed. Sav. Loan Ass'n, 461 So.2d 93 (Fla. 1984); Florida Hay and Land Developers, Inc. v. McDill Columbus Corp., 539 So.2d 570 (Fla. 1st DCA 1989); see also Abdulla Fouad Sons v. FDIC, 898 F.2d 482 (5th Cir. 1990); Lambert v. FDIC, 847 F.2d 604 (9th Cir. 1988); FDIC v. La Rambla Shopping Center, Inc., 791 F.2d 215 (1st Cir. 1986).
Affirmed.