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FIRST AMERICAN BANK v. HERNANDEZ

No. 82-1605.

442 So.2d 1098 (1983)

FIRST AMERICAN BANK OF PALM BEACH COUNTY, a Florida Banking Corporation, Appellant, v. Filberto HERNANDEZ and Frances Hernandez a/K/a Frances Navarro, Appellees.

District Court of Appeal of Florida, Fourth District.

December 21, 1983.

Attorney(s) appearing for the Case

Roger C. Hurd and James E. Copeland of the Law Offices of Roger C. Hurd, North Palm Beach, for appellant.

David C. Wiitala of Ingalsbe, McManus, Wiitala & Contole, P.A., North Palm Beach, for appellees.

PER CURIAM.

Reversed and remanded for a new trial on all issues. We believe the trial court erred in directing a verdict against the creditor bank in the face of an issue of fact as to the status of appellees' loan payments to the appellant. We also believe the trial court erred in its instructions to the jury on damages. Cf. Mercury Motor Express, Inc. v. Crockett, 422 So.2d 358 (Fla. 1st DCA 1982).

ANSTEAD, C.J...

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