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MacINTYRE v. HARK

No. 87-3016.

528 So.2d 1276 (1988)

Alexander C. MacINTYRE, Appellant, v. Clifford B. HARK, As Personal Representative of the Estate of Allen T. Kennedy, Appellee.

District Court of Appeal of Florida, Third District.

July 26, 1988.

Attorney(s) appearing for the Case

Adams, Hunter, Angones, Adams, Adams & McClure and Christopher Lynch and Douglas W. Barnes, Miami, for appellant.

Clifford B. Hark, in pro. per.

Before NESBITT, DANIEL S. PEARSON and JORGENSON, JJ.

NESBITT, Judge.

This is an appeal from a final summary judgment entered in an action for declaratory relief. We reverse.

Clifford B. Hark, personal representative of the estate of Allen T. Kennedy, brought this action after a dispute developed between him and the appellant, Alexander C. MacIntyre, as to whether the terms of a $100,000 note on a mortgage deed executed by Kennedy in favor of MacIntyre, permitted prepayment without penalty prior to

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