COMMERCIAL BANK OF KENDALL v. HEIMAN

No. 75-294.

322 So.2d 564 (1975)

COMMERCIAL BANK OF KENDALL, a Florida Banking Corporation, Appellant, v. Alana G. HEIMAN, Appellee.

District Court of Appeal of Florida, Third District.

November 18, 1975.


Attorney(s) appearing for the Case

Richard C. Carter, Jr., Miami, for appellant.

Marx & Squitero, Miami, for appellee.

Before BARKDULL, C.J., and PEARSON and HAVERFIELD, JJ.


PER CURIAM.

By this appeal, we are called upon to review the propriety of a summary judgment for a defendant in an action to recover over-drafts in a bank account.

We reverse on the state of the record, as it was premature for the trial court to award the defendant a summary judgment when the plaintiff, through no fault of its own, had not completed its discovery. Lovelace v. Sobrino, Fla.App. 1973, 280 So.2d 514...

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