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GOLDSMITH v. DEVITO

No. 92-00879.

609 So.2d 785 (1992)

David A. GOLDSMITH, Appellant, v. Nick DEVITO, Appellee.

District Court of Appeal of Florida, Second District.

December 30, 1992.

Attorney(s) appearing for the Case

John D. Goldsmith of Trenam, Simmons, Kemker, Scharf, Barkin, Frye & O'Neill, P.A., Tampa, for appellant.

Robert F. Salkowicz and Sean O. Cadigan of Nixon and Nixon, Tampa, for appellee.

PER CURIAM.

David A. Goldsmith appeals a summary final judgment entered in an action on a promissory note. We reverse the summary judgment because the plaintiff, Nick Devito, did not file sufficient affidavits to establish his claim or to overcome Goldsmith's affirmative defenses.

Reversed and remanded.

FRANK, A.C.J., and PATTERSON and ALTENBERND...

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