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SCHWITALLA v. CITY NAT. BANK OF N.Y.

No. 4-86-2353.

506 So.2d 481 (1987)

Alphonse M. SCHWITALLA a/K/a A.M. Schwitalla, Appellant, v. CITY NATIONAL BANK OF NEW YORK CITY, F/K/a Flushing National Bank, a National Banking Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

May 6, 1987.

Attorney(s) appearing for the Case

David T. Price of Price and Byrne, Fort Lauderdale, for appellant.

Michael J. McNerney and Linda R. Spaulding of Brinkley, McNerney & Morgan, Fort Lauderdale, for appellee.

PER CURIAM.

The judgment appealed from is reversed upon authority of Allie v. Ionata, 503 So.2d 1237 (Fla. 1987), and Cherney v. Moody, 413 So.2d 866 (Fla. 1st DCA 1982), and the cause is remanded to the trial court with directions to reinstate the appellant's counterclaim and for further proceedings consistent with the cited opinions.

HERSEY, C.J., and DOWNEY and STONE...

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