GAUSE v. FIRST BANK OF MARIANNA

No. AZ-88.

457 So.2d 582 (1984)

Iris S. GAUSE, Appellant, v. FIRST BANK OF MARIANNA, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied November 2, 1984.


Attorney(s) appearing for the Case

Donald L. Tucker, P.A., Tallahassee, for appellant.

Charles Wynn, Marianna and Thayer M. Marts, Tallahassee, for appellee.


MILLS, Judge.

This case is before the court on an appeal from entry of final summary judgment in favor of appellee First Bank of Marianna (Bank). We reverse and remand for trial on both counts of appellant Gause's counterclaim, abuse of process and malicious prosecution.

Bank was in possession of three notes bearing the purported signature of Gause, the original dated 1975 and two renewal notes, one each in 1976 and 1977. Only the 1977 note was involved below...

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