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BRANN v. FLAGSHIP BANK OF PINELLAS, N.A.

No. 83-829.

450 So.2d 237 (1984)

Edward R. BRANN, d/b/a Brann's Auto Parts & Sales, Edward R. Brann, Individually and Betty Jo Brann, Individually, Appellants/Cross-Appellees, v. FLAGSHIP BANK OF PINELLAS, N.A., Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 18, 1984.

Attorney(s) appearing for the Case

G. Robert Schultz, St. Petersburg, for appellants/cross-appellees.

Richard J. Neefe, St. Petersburg, for appellee/cross-appellant.

SCHEB, Judge.

This appeal and cross-appeal present two issues. The first issue is whether, in a suit on a promissory note, a national banking association is limited to recovering the maximum rate of interest allowed under Florida law. The second is whether the court erred in refusing to impose liability on a guarantor on the ground that the guaranty agreement was stale.

Flagship Bank of Pinellas, N.A., as holder of a note executed March 3, 1981, brought suit...

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