COMMUNITY NATIONAL BANK OF BAL HARBOUR v. BURT

No. 65-500.

183 So.2d 731 (1966)

COMMUNITY NATIONAL BANK OF BAL HARBOUR, Appellant, v. Harry M. BURT, Appellee.

District Court of Appeal of Florida. Third District.

March 8, 1966.


Attorney(s) appearing for the Case

Copeland, Therrel, Baisden & Peterson and Meek Robinette, Miami Beach, for appellant.

Jepeway & Gassen, Miami, for appellee.

Before TILLMAN PEARSON, CARROLL and SWANN, JJ.


TILLMAN PEARSON, Judge.

The appellee, Harry M. Burt, brought an action for malicious prosecution against the appellant, Community National Bank of Bal Harbour. The Bank had joined Burt as a defendant in a prior suit on a promissory note in which the Bank had claimed that Burt was a guarantor. The prior suit was ultimately decided in favor of Burt. In the present suit Burt alleged that the prosecution of the suit on the claimed guaranty was willful, malicious and without...

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