BROWD v. CENTRAL BANK OF NORTH DADE

Nos. 77-282 and 77-489.

356 So.2d 1273 (1978)

Rudolph BROWD et al., Appellants, v. CENTRAL BANK OF NORTH DADE, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 21, 1978.


Attorney(s) appearing for the Case

McCain & Browd, Miami, for appellants.

Pallot, Poppell, Goodman & Slotnick and Neil A. Shanzer, Miami, for appellee.

Before HAVERFIELD, C.J., and NATHAN and HUBBART, JJ.


PER CURIAM.

The final summary judgment appealed from is reversed and the cause remanded for further proceedings. In our view, affidavits presented to the trial court on the motion for summary judgment create a genuine issue of material fact as to whether novation occurred in this case. Murphy v. Green, 102 Fla. 102, 135 So. 531 (1931); Holl v. Talcott, 191 So.2d 40 (Fla...

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