SUN BANK OF ST. LUCIE CTY. v. OLIVER

No. 80-1737.

403 So.2d 583 (1981)

SUN BANK OF ST. LUCIE COUNTY, As Personal Representative of the Estate of Vincent Vecchio, Deceased, Appellant, v. Gordon OLIVER, Appellee.

District Court of Appeal of Florida, Fourth District.

September 9, 1981.


Attorney(s) appearing for the Case

J. Stephen Tierney, III of Neill, Griffin, Jeffries & Lloyd, Chartered, Fort Pierce, for appellant.

No appearance by appellee.


HURLEY, Judge.

Sun Bank of St. Lucie County, as personal representative of the Estate of Vincent Vecchio, appeals from an adverse final judgment. We reverse for the reasons which are set forth herein.

In its representative capacity, Sun Bank sued Gordon Oliver on a promissory note from Oliver to Vecchio in the amount of $32,212.58. In his answer, Oliver raised affirmative defenses of failure of consideration, set-off of money due from Vecchio to Oliver, payment...

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