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D'ALACIO v. INTERCONTINENTAL BANK

No. 88-1618.

541 So.2d 1290 (1989)

Diogenes D'ALACIO, Appellant, v. INTERCONTINENTAL BANK, a Florida Banking Corporation, Appellee.

District Court of Appeal of Florida, Third District.

April 11, 1989.

Attorney(s) appearing for the Case

Mariano Sole, for appellant.

Paul, Landy, Beiley & Harper, P.A., and Edward H. Davis, Jr., Miami, for appellee.

Before SCHWARTZ, C.J., JORGENSON, J., and JOHN G. FERRIS, Associate Judge.

PER CURIAM.

Diogenes D'Alacio appeals from an order denying his motion to vacate a default and final judgment. For the following reasons, we reverse.

In May, 1987, D'Alacio sued Intercontinental Bank for breach of implied warranty and conversion arising from the bank's allegedly fraudulent completion of a guaranty which D'Alacio had signed in blank. Intercontinental answered and counterclaimed to enforce the guaranty which was the very subject of D'Alacio...

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