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AMOEDO v. SOCARRAS

No. 74-773.

311 So.2d 830 (1975)

Julio AMOEDO, Appellant, v. Carios Prio SOCARRAS, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 16, 1975.

Attorney(s) appearing for the Case

Noriega & Bartel and Bill Shuford, Jr., Miami, for appellant.

Horton, Perse & Ginsberg, Miami, for appellee.

Before PEARSON and NATHAN, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

PEARSON, Judge.

In his first count, the plaintiff claimed recovery on an unpaid promissory note and defendant's guarantee of payment. His second count claimed damages for breach of an agreement by the defendant to purchase certain stock. At trial, the plaintiff was permitted to amend his complaint to conform to the evidence to allege a novation of the promissory note and guaranty. The plaintiff received a verdict on both counts. Upon the motion of the defendant for...

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