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MARLAR v. QUINCY STATE BANK

No. BE-16.

463 So.2d 1233 (1985)

Billy MARLAR, Appellant, v. The QUINCY STATE BANK, Appellee.

District Court of Appeal of Florida, First District.

February 19, 1985.

Attorney(s) appearing for the Case

Daniel S. Dearing, of Dearing & Smith, Tallahassee, for appellant.

Blucher B. Lines, of Lines, Henson & Lines, Quincy, for appellee.

ZEHMER, Judge.

We reverse the summary judgment in favor of appellee, The Quincy State Bank, against appellant, Billy Marlar, as guarantor of payment of the secured note made by Charles G. Ryals and Kenneth A. Powell.

It is apparent that the judgment was based in material part on the affidavit of the bank's vice president, Jerry Smith, which affidavit was filed by the movant a day before the summary judgment hearing and was served on appellant's counsel at...

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