Kerper v. NCNB National Bank of Florida

DOWNEY, Judge.

Appellee, NCNB National Bank of Florida (NCNB), commenced this suit in Palm Beach County for damages against appel-lee, Gem Delicatessen & Restaurant, Inc. (Gem), for its failure to make certain payments due under an equipment lease. The complaint also sought to foreclose a mort*200gage on property in Palm Beach County, Florida, given by Murray J. Kerper and Susan A. Kerper, his wife (Kerpers), to secure their written guaranty of the Gem lease obligation. Said lease obligation had also been guaranteed by Phoenix Development Corporation (Phoenix), which guaranty was secured by a…