RIZZO v. SCHWEBKE

No. 76-1095.

348 So.2d 1180 (1977)

S.A. RIZZO, W. George Kennedy, and K & R Sod Co., Appellants, v. Robert C. SCHWEBKE, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 9, 1977.


Attorney(s) appearing for the Case

Kelly, Black, Black & Kenny and Brian P. Patchen, Miami, for appellants.

Milton M. Ferrell, Herbert A. Warren, Miami, for appellee.

Before HENDRY, C.J., and PEARSON and NATHAN, JJ.


PER CURIAM.

S.A. Rizzo, W. George Kennedy and K & R Sod Company, defendants in the trial court, appeal from an adverse final judgment following a non-jury trial in a suit brought by Robert C. Schwebke against defendants on three of four promissory notes. The defendants counterclaimed against plaintiff for return of principal and interest which defendants paid when due to plaintiff on the first of the four promissory notes.

Defendants' sole point on appeal...

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