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CARPENTER v. WEMYSS THROUGH WEMYSS

No. 93-0389.

638 So.2d 592 (1994)

N. Harry CARPENTER, Appellant, v. James C. WEMYSS, Deceased, through Louise G. WEMYSS, As Personal Representative of the Estate of James C. Wemyss, Appellee.

District Court of Appeal of Florida, Fourth District.

June 22, 1994.

Attorney(s) appearing for the Case

Eric L. Stettin of Weaver, Kuvin, Weaver & Lipton, P.A. (withdrawn as counsel after filing brief), Fort Lauderdale, for appellant.

John R. Hargrove and Paula Revene of Heinrich Gordon Batchelder Hargrove & Weihe, Fort Lauderdale, for appellee.

PER CURIAM.

The trial court entered summary final judgment against the plaintiff/appellant in his action against the estate of James Wemyss upon an alleged renewal note executed by the decedent in 1990. We reverse and remand for trial on appellant's action to collect principal and interest on that note.

As for the earlier alleged note, now lost, for which the 1990 note was an alleged renewal, we affirm summary final...

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