June 4, 1998
Gonzalo Aguilar, M.D. v. Southeast Bank
Case Number(s):
91164
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Summary:

The appellants, all physicians, had an agreement to purchase condominiums in the St. Jude Medical Center office complex, a project financed by a savings and loan organization acquired by Southeast Bank. In 1987 the bank foreclosed and named the physicians as defendants because of their interest in the property. The developer and the bank later settled, and the physicians then filed suit against the bank alleging tortious interference with their contract with the developer. The case was removed to federal court, where the district judge dismissed on grounds the physicians should have raised their claim during the foreclosure proceeding. On appeal, the Eleventh Circuit certified a question asking the Supreme Court if this was a correct interpretation of Florida law.