Viatical Administrators, Inc. v. Blue Paper, Inc., No. 08-11333 (11th Cir. 2008)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 08-11333 FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT DEC 12, 2008 THOMAS K. KAHN CLERK D. C. Docket No. 07-61517 CV-PCH VIATICAL ADMINISTRATORS, INC., A Colorado Corporation, PlaintiffCounter-DefendantAppellant, versus BLUE PAPER, INC., A Florida Corporation, et al., DefendantsCross-Defendants, BANKUNITED, FSB, a Federal Savings Bank, DefendantCounter-ClaimantAppellee, 900 HILLSBORO MILE, INC., A Florida not-for-profit corporation, et al., Defendants. Appeal from the United States District Court for the Southern District of Florida (December 12, 2008) Before DUBINA, BLACK and FAY, Circuit Judges. PER CURIAM: Because we conclude from the record that the district court correctly determined that BankUnited s mortgage has priority over Viatical Administrators, Inc. s equitable liens, we affirm the district court s judgment. AFFIRMED. 2

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