NEWBERN v. PAN AM. BANK OF ORLANDO, N. A.

No. 77-759.

368 So.2d 425 (1979)

C.D. NEWBERN, Appellant, v. PAN AMERICAN BANK OF ORLANDO, N.A., a National Banking Association, Formerly Known As Citizens National Bank of Orlando, Appellee.

District Court of Appeal of Florida, Fourth District.

March 7, 1979.


Attorney(s) appearing for the Case

Larry Klein, West Palm Beach, and Buckley & Ramsey, Tampa, for appellant.

Charles R. Fawsett of Fawsett & MacKinnon, Orlando, for appellee.


MOORE, Judge.

This is an appeal from a summary final judgment finding appellant liable on a promissory note. We find that a genuine issue of material fact existed precluding the granting of summary judgment and reverse.

The pertinent facts are that the appellee was the holder of five promissory notes totalling $450,000. In accepting appellant's note for $150,000 appellee released two of the original makers who had...

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