PINNACLE HOLDING v. BIOLOGICS, INC.

No. 93-03852.

643 So.2d 642 (1994)

PINNACLE HOLDING, INC., Appellant, v. BIOLOGICS, INC., Appellee.

District Court of Appeal of Florida, Second District.

September 23, 1994.


Attorney(s) appearing for the Case

John S. Colley, III, Columbia, TN, for appellant.

V. James Dickson and David J. Sockol, St. Petersburg, for appellee.


RYDER, Acting Chief Judge.

Pinnacle Holding, Inc. seeks review of a summary final judgment based on the doctrine of novation. Because we conclude that the cancellation of the promissory note does not alter the efficacy of the letter agreement's repurchase provision and as we hold that the disputed element of novation addresses intent, an issue reserved for the finder of fact, we reverse.

Pinnacle Holding, Inc. and Biologics, Inc. contracted by letter agreement...

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