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GORDON v. FORTUNE SAVINGS BANK

No. 89-2775.

561 So.2d 30 (1990)

Joel P. GORDON, Appellant, v. FORTUNE SAVINGS BANK, Appellee.

District Court of Appeal of Florida, Fourth District.

May 16, 1990.

Attorney(s) appearing for the Case

Martin H. Colin of Altman & Colin, Lake Worth, for appellant.

Paul F. Probst of Larson, Conklin, Stanley & Probst, P.A., Clearwater, for appellee.

PER CURIAM.

We reverse the summary final judgment entered in favor of Plaintiff, Fortune Savings Bank, and against Defendant, Joel P. Gordon, because there exists a genuine issue of material fact which precludes entry of summary judgment as a matter of law. That issue is whether or not Fortune Savings Bank was a holder in due course as concerns the promissory note in question that was assigned to it. Seinfeld v. Commercial Bank & Trust,

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