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CAPITAL BANK OF N. BAY VIL. v. HARTNETT BLDG. MANAGEMENT, INC.

No. 76-1275.

353 So.2d 159 (1977)

CAPITAL BANK OF NORTH BAY VILLAGE, f/k/a Bank of North Bay Village, a Florida Bank Corporation, Appellant, v. HARTNETT BUILDING MANAGEMENT, INC., a Florida Corporation, William J. Hartnett, John J. Hartnett, Robert C. Hartnett, James D. Hartnett, Elizabeth R. Hartnett, Jacqueline B. Hartnett, Kathleen N. Hartnett, Katherine P. Hartnett, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 9, 1978.

Attorney(s) appearing for the Case

Stroock, Stroock & Lavan, Miami, for appellant.

Ritter & Ritter, John L. Hartnett, Coral Gables, for appellees.

Before PEARSON, HUBBART and KEHOE, JJ.

PER CURIAM.

This is an appeal from an order dismissing with prejudice the appellees as defendants from plaintiff's complaint. The appellees were the alleged endorsees and the alleged guarantors of a bank debt. After hearing the motion to dismiss, the trial court entered the order appealed from which found as a matter of fact that the personal guarantees were inconsistent with negotiations between the bank and the debtors...

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