FIDELITY NAT. BK OF S. MIAMI v. MELO

No. 78-767.

366 So.2d 1218 (1979)

FIDELITY NATIONAL BANK OF SOUTH MIAMI, Appellant, v. Peter MELO and Angelica Melo, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 23, 1979.


Attorney(s) appearing for the Case

Valdes-Fauli & Valdes-Fauli and Clemente L. Vazquez-Bello, Miami, for appellant.

Keith, Mack, Lewis & Allison, Miami, for appellees.

Before BARKDULL, KEHOE and SCHWARTZ, JJ.


KEHOE, Judge.

Appellant, plaintiff in the non-jury trial below, brings this appeal from a final judgment entered in favor of appellees, defendants below, in suit on a loan guaranty. We reverse.

The facts relevant to this appeal may be summarized as follows: In October of 1974, appellee Peter Melo became a one-third stockholder and corporate secretary of Marsal Fish Market, Inc. [hereinafter referred to as the Corporation]. Appellee Angelica Melo was the wife...

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