CONTELLA v. PAN AMERICAN BANK OF ORLANDO

No. 76-950.

344 So.2d 890 (1977)

L.P. CONTELLA, Appellant, v. PAN AMERICAN BANK OF ORLANDO, N.A., a National Banking Corporation, Formerly Known As Citizens National Bank of Orlando, Appellee.

District Court of Appeal of Florida, Fourth District.

March 25, 1977.


Attorney(s) appearing for the Case

A.J. Stanton, Jr., of Colling & Stanton, Orlando, for appellant.

Robert D. Gatton, of Johnson, Motsinger, Trismen & Sharp, Orlando, for appellee.


DOWNEY, Judge.

We have reviewed the briefs in this cause, together with the record, and conclude that the entry of a summary final judgment for the appellee on Count I of its complaint and on appellant's counterclaim was improper since it appears there is a genuine issue of material fact involved in Count I and in the counterclaim as to whether the note in question was a note payable on demand or payable in installments.

Since the appellant conceded the propriety...

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