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ROBERT DONATO, INC. v. SOUTHEAST BANK, N.A.

No. 87-0012.

512 So.2d 1132 (1987)

ROBERT DONATO, Inc., d/b/a Donato Auto Sales, Appellant, v. SOUTHEAST BANK, N.A., Appellee.

District Court of Appeal of Florida, Fourth District.

September 23, 1987.

Attorney(s) appearing for the Case

Mark S. Schecter of Schecter & Walkden, P.A., Fort Lauderdale, for appellant.

William C. Davell and Dana Ziegler Holding of Rogers, Morris & Ziegler, Fort Lauderdale, for appellee.

PER CURIAM.

Genuine issues of material fact exist concerning the actual or constructive delivery of the check and the damages, if any, sustained by appellant. Accordingly, we reverse the order granting summary final judgment in favor of appellee.

REVERSED and REMANDED.

HERSEY, C.J., and DELL and WALDEN...

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