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CAPITAL CITY SECOND NAT. BANK v. PEAVY & SON CONSTRUCTION CO., INC.

No. 90-3498.

585 So.2d 1123 (1991)

CAPITAL CITY SECOND NATIONAL BANK, Appellant, v. PEAVY & SON CONSTRUCTION COMPANY, INC., Appellee.

District Court of Appeal of Florida, First District.

September 12, 1991.

Attorney(s) appearing for the Case

Emily S. Waugh of Ausley, McMullen, McGehee, Carothers & Proctor, Tallahassee, for appellant.

James O. Shelfer of Gardner, Shelfer & Duggar, P.A., Tallahassee, for appellee.

SMITH, Judge.

Capital City Second National Bank (Bank) appeals the summary judgment in favor of Peavy & Son Construction Company, Inc. (Peavy) in the Bank's action against Peavy for failure to pay the Bank monies due under an account receivable, after the account receivable had been assigned to the Bank. The trial court ruled that the Bank could not recover because it had failed to notify Peavy of the assignment. We find that genuine issues of material fact remain...

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