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BIERSACK v. OAKS RENTING, INC.

No. 91-02971.

606 So.2d 439 (1992)

Horst BIERSACK, Appellant, v. OAKS RENTING, INC., Appellee.

District Court of Appeal of Florida, Second District.

October 2, 1992.

Attorney(s) appearing for the Case

Joseph A. Eustace, Jr., of Anthony J. LaSpada, P.A., Tampa, for appellant.

Stevan T. Northcutt of Levine, Hirsch, Segall & Northcutt, P.A., Tampa, for appellee.

ALTENBERND, Judge.

Horst Biersack appeals a summary final judgment entered in favor of Oaks Renting, Inc. (Oaks). Oaks obtained the judgment on a promissory note that had been assigned to it by Home America, Inc. Because the parties stipulated for purposes of summary judgment that Oaks was not a holder in due course, we conclude that unresolved issues remain concerning affirmative defenses raised by Mr. Biersack. We reverse...

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