FIRST NATL. BANK OF MELBOURNE v. BERG

No. 3422.

153 So.2d 331 (1963)

FIRST NATIONAL BANK OF MELBOURNE, a national banking corporation, Appellant, v. Howard BERG, Jr., and Joline Berg, his wife, Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied May 31, 1963.


Attorney(s) appearing for the Case

Harry Lee Coe, III, of Carr, Chiles & Ellsworth, Lakeland, and William H. Gleason, Melbourne, for appellant.

W.J. Vaughn, Melbourne, for appellees.


ALLEN, Acting Chief Judge.

Appellant, plaintiff in an action on a note executed by defendant Howard Berg, Jr., appeals a final judgment against defendant Howard Berg, Jr., but in favor of defendant-appellee Joline Berg. The sole question on appeal is whether the lower court erred in refusing to enter judgment against the wife on the separate debt of her husband.

On May 10, 1960, Joline and Howard Berg, Jr., executed a Guaranty Agreement with the appellant...

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