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LEVINE v. WAHRBURG

Nos. 87-1057, 87-1345.

526 So.2d 127 (1988)

Gary L. LEVINE and Lora L. Levine, His Wife, Appellants, v. Richard WAHRBURG and Barnett Bank of South Florida, N.A., a National Bank Association, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 30, 1988.

Attorney(s) appearing for the Case

Green, Kahn & Piotrkowski and Michael A. Gross, Miami Beach, for appellants.

Knecht & Knecht and Michael Knecht, Coral Gables, and Caroline Emery Tabas, for appellees.

Before BARKDULL, HUBBART and BASKIN, JJ.

PER CURIAM.

Gary Levine executed a $50,000 promissory note to Barnett Bank of South Florida, N.A. Thereafter, the note came in default. The bank credited certain funds in a joint account of the Levines as a partial payment of the note, and certain wire transfers were also credited. Barnett commenced a suit to collect the balance due after a default judgment was entered. A final judgment in the principal sum of $50,769.17 was entered. No appeal of this judgment was...

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