PICI v. FIRST UNION NAT. BANK OF FLA.

No. 93-00107.

621 So.2d 732 (1993)

Gerardo PICI, Appellant, v. FIRST UNION NATIONAL BANK OF FLORIDA, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 9, 1993.


Attorney(s) appearing for the Case

David B. McEwen, Stolba, Verona & McEwen, St. Petersburg, for appellant.

Roger A. Kelly, Foster & Kelly, Orlando, for appellee.


FRANK, Judge.

Gerardo Pici, indebted to First Union National Bank, has appealed from an order denying his motion to dissolve a prejudgment writ of replevin. First Union accelerated the indebtedness, an act we find to have been a nullity. Thus, we reverse.

On July 3, 1991, Pici executed and delivered to First Union a promissory note and security agreement. Payments were due on or before the fifteenth of each month. Pici made timely payments on the note until...

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