GIACALONE v. BERNSTEIN

No. 76-1866.

348 So.2d 679 (1977)

Jack W. GIACALONE, Appellant, v. Austin BERNSTEIN, Appellee.

District Court of Appeal of Florida, Third District.

August 9, 1977.


Attorney(s) appearing for the Case

Williams, Salomon, Kanner & Damian and Alan H. Lubitz, Miami, for appellant.

Aronovitz & Weksler and Anne-Lise Gustafson, Miami, for appellee.

Before PEARSON, BARKDULL and HUBBART, JJ.


HUBBART, Judge.

In an action to recover on a promissory note, the defendant [James E. Giacalone] appeals from a summary final judgment rendered against him in favor of the plaintiff who was the payee on the note [Austin Bernstein]. The defendant contends that he is not individually liable on the note because he signed the note with the word "by" preceding his name and the extrinsic evidence in the cause presents a genuine issue as to whether he signed the note in...

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