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SOLIMINE v. NUMERICA SAV. BANK

No. 90-2808.

587 So.2d 505 (1991)

Peter SOLIMINE and Armand Construction Company, Appellants, v. NUMERICA SAVINGS BANK and Numerica Financial Services, Inc., etc., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 12, 1991.

Attorney(s) appearing for the Case

Joseph L. Mannikko, Frasier & Mannikko, Stuart, for appellants.

Charles M. Auslander, Fine Jacobson Schwartz Nash Block & England, Miami, for appellee Numerica Sav. Bank.

PER CURIAM.

Appellants seek review of the summary judgment entered against them. Their affirmative defense alleged appellees knew of the secondary financing and therefore, could not have relied on appellants' sworn statement to the contrary. Appellees failed to negate that affirmative defense. See Steiner v. Ciba-Geigy Corp., 364 So.2d 47, 52 (Fla. 3d DCA 1978), cert. denied, 373 So.2d 461 (1979). Hence, a genuine...

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