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THOMAS v. HARTMAN

No. 88-1081.

553 So.2d 1256 (1989)

Albert L. THOMAS, et al., Appellants, v. Daniel W. HARTMAN, Jr., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 4, 1990.

Attorney(s) appearing for the Case

Caruso & Kabboord, Merritt Island and Russell S. Bohn and Paul F. King of Edna L. Caruso, P.A., West Palm Beach, for appellants.

Charles M. Holcomb of Law Offices of Holcomb and Deans, Cocoa, for appellee Daniel Hartman, Jr.

No appearance for appellees Karen Hartman, Michael Kent and Aloha Realty.

DANIEL, Chief Judge.

Albert and Wanda Thomas appeal from an amended final judgment in which the trial court held that Daniel Hartman had no personal liability on a promissory note secured by a mortgage on the Hartmans' home because of an exculpatory provision in the note and mortgage. We reverse.

Hartman, a licensed real estate broker, bought the Thomases' farm in Tennessee. The Thomases, unrepresented by counsel or a real estate broker, took a promissory...

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