APPLESTEIN v. NATIONAL BANK OF TULSA

No. 77-702.

358 So.2d 106 (1978)

Allan J. APPLESTEIN, Appellant, v. NATIONAL BANK OF TULSA, Appellee.

District Court of Appeal of Florida, Third District.

May 2, 1978.


Attorney(s) appearing for the Case

Tew & Mason, Miami, for appellant.

Bradford, Williams, McKay, Kimbrell, Hamann & Jennings and R. Benjamine Reid, Miami, for appellee.

Before PEARSON and HENDRY, JJ., and CRAWFORD, GRADY L. (Ret.), Associate Judge.


PEARSON, Judge.

The defendant, Allan J. Applestein, appeals a summary final judgment entered against him in an action by the National Bank of Tulsa upon Applestein's written guarantee of the debts of a corporation. An airplane chattel mortgage was given as security for the debt. The airplane was sold and suit was instituted for the deficiency. Applestein, as appellant, urges the existence of a genuine issue of material fact. We agree and reverse.

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