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FLA. SERV. NETWORK, INC. v. BRICKELLBANC SAV. ASS'N

No. 86-2249.

502 So.2d 1013 (1987)

FLORIDA SERVICE NETWORK, INC., Consumers Television & Appliance Service Company of Florida, Windward Investment Company, Morley Weinberg, Bernard Klenet, Maxine Klenet, Michael J. Kruziak, John J. Redmond and Betty Redmond, Appellants, v. BRICKELLBANC SAVINGS ASSOCIATION, f/k/a Brickell Savings & Loan Association, Appellee.

District Court of Appeal of Florida, Third District.

February 24, 1987.

Attorney(s) appearing for the Case

Geller, Geller & Waterman, Miami, for appellants.

Dubbin & Berkman and Scott Rubin, Miami, for appellee.

Before BASKIN, FERGUSON and JORGENSON, JJ.

PER CURIAM.

Finding that appellee failed to refute appellants' affirmative defenses of set-off, failure of consideration, and the non-existence of individual guarantees and that genuine issues of material fact remain as to these issues, we reverse the Order Granting Plaintiff's Motion for Partial Summary Judgment and the Order Denying Motion for Rehearing and remand the cause to the trial court for further proceedings....

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