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TERRY v. BARNETT BANK OF WINTER PARK, N. A.

No. 77-516.

366 So.2d 459 (1978)

John Robert TERRY and Helen L. Terry, Appellants, v. BARNETT BANK OF WINTER PARK, N.A., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 26, 1979.

Attorney(s) appearing for the Case

Raymond Dwyer and Steven R. Berger, of Carey, Dwyer, Cole, Selwood & Bernard, Miami, for appellants.

J. Thomas Cardwell and Michael P. McMahon, of Akerman, Senterfitt & Eidson, Orlando, for appellee.

John W. Hamilton of Ware & Hamilton, St. Petersburg, for amicus curiae, Florida Bankers Assn.

PER CURIAM.

AFFIRMED.

CROSS and LETTS, JJ., concur.

DOWNEY, C.J., dissents, with opinion.

DOWNEY, Chief Judge, dissenting:

Appellee, Barnett Bank of Winter Park, sued appellants, Mr. and Mrs. Terry, on three promissory notes. Appellants filed numerous affirmative defenses to the complaint and a three count counterclaim, seeking damages against the Bank. The trial court dismissed appellants...

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