SCOTT v. SUN BANK OF VOLUSIA COUNTY

No. 80-1230.

408 So.2d 591 (1981)

George C. SCOTT, Appellant, v. SUN BANK OF VOLUSIA COUNTY, Formerly Known As Exchange Bank at Holly Hill, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 12, 1982.


Attorney(s) appearing for the Case

Theodore F. Zentner of Becks, Becks & Wickersham, Daytona Beach, for appellant.

Harold C. Hubka of Black, Crotty, Sims & Hubka, Daytona Beach, for appellee.


FRANK D. UPCHURCH, Jr., Judge.

Appellant George C. Scott appeals from an order dismissing with prejudice his third amended complaint.

SP&W, Inc. performed engineering services for D & B Cattle Company and as payment accepted a promissory note in the amount of $191,747 which was secured by a mortgage on D & B's land. SP&W assigned the mortgage to appellee, Sun Bank, as collateral for a loan.

Appellant, a stockholder in SP&W, sold...

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