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ROBAINA v. BENN

No. 93-1510.

632 So.2d 91 (1994)

Juan ROBAINA, Appellant, v. Frank E. BENN, Trustee, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 25, 1994.

Attorney(s) appearing for the Case

R. Hugh Lumpkin and Cynthia Perez, Keith, Mack, Lewis, Cohen & Lumpkin, Miami, for appellant.

Marshall A. Adams, P.A. and Michael Lukasievich, P.A., Fort Lauderdale, for appellee.

HARRIS, Chief Judge.

Juan Robaina timely appeals from a partial summary judgment in favor of Frank E. Benn. We reverse.

Robaina, as president of J.A.R. Land Development Corporation, executed and delivered a promissory note for $150,000 in favor of Benn, as trustee of the Frank E. Benn Revocable Trust Agreement. The note was secured by two mortgages, one on property in Marion County owned by J.A.R. Development and one on property in Dade County, owned by appellant...

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