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WHARTON v. THE FIRST, F.A.

No. 89-872.

554 So.2d 1232 (1990)

James E. WHARTON, et Ux., et al., Appellants, v. THE FIRST, F.A., a Corporation, Appellee.

District Court of Appeal of Florida, Fifth District.

January 11, 1990.

Attorney(s) appearing for the Case

Raymond E. Cramer, Kissimmee, for appellants.

Christine E. Long of Giles, Hedrick & Robinson, P.A., Orlando, for appellee.

DAUKSCH, Judge.

This is an appeal from a summary judgment in a mortgage foreclosure case.

The issue on appeal is whether there was a genuine issue of material fact left unresolved by the summary judgment. We find there was. The issue involves the exact rate of interest charged by the bank on the promissory note.

The note says:

The Interest Rate is: () A FIXED RATE OF ____ per cent per annum simple interest; or (XX) A VARIABLE...

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