TREISTER v. CAPITAL BANK OF MIAMI, N.A.

No. 78-527.

369 So.2d 959 (1978)

Leonard E. TREISTER and Diana Treister, His Wife, Appellants, v. CAPITAL BANK OF MIAMI, N.A., f/k/a National Industrial Bank of Miami, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 3, 1979.


Attorney(s) appearing for the Case

Welbaum, Zook, Jones & Williams and Rene Sacasas, Miami, for appellants.

Frank, Strelkow & Gay and Peter Strelkow, North Bay Village, for appellee.

Before PEARSON, BARKDULL and HUBBART, JJ.


PER CURIAM.

The appellants were defendants in the trial court to an action seeking a judgment on their promissory note. After a trial of the cause before the court without a jury, a judgment for the plaintiff bank was entered. This appeal followed.

The issues for trial arose from the defendants' affirmative defenses. The first point on appeal urges that the affirmative defenses were confessed by the failure of the plaintiff to file a reply. See Fla.R. Civ...

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