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RAJSFUS v. FABRI

No. 88-470.

535 So.2d 690 (1988)

Jean Pierre RAJSFUS, Appellant, v. Anne Texier FABRI, Individually, and Sofram, U.S.A., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Third District.

December 27, 1988.

Attorney(s) appearing for the Case

Friedman & Atherton and Jeffrey D. Fisher, Miami, for appellant.

Brian M. Mark, South Miami, for appellees.

Before HUBBART, FERGUSON and JORGENSON, JJ.

PER CURIAM.

Rajsfus appeals from an order dismissing his complaint as barred by res judicata. For the reasons which follow, we reverse.

On December 15, 1986, Jean Pierre Rajsfus lent $24,200 to Sofram, U.S.A., and Ann Texier Fabri. Fabri signed a guaranty which listed by check number the four checks Sofram would execute to satisfy its indebtedness.

Sofram's first check to Rajsfus for $5,000 was presented and honored, reducing its indebtedness to $19...

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