FIRST UNION NAT. BANK OF FLORIDA v. AFTAB

No. 95-1629.

689 So.2d 1137 (1997)

FIRST UNION NATIONAL BANK OF FLORIDA, Appellant, v. Joyce AFTAB and Parry Aftab, as Co-Personal Representatives of the Estate of Mansur Aftab, Deceased, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and Clarification Denied April 10, 1997.


Attorney(s) appearing for the Case

Wilson Smith and Brian J. Felcoski of Steel Hector & Davis, Miami, for appellant.

David A. Riggs of Hunt, Cook, Riggs, Mehr & Miller, P.A., Boca Raton, for Appellee-Joyce Aftab.


WARNER, Judge.

First Union, a creditor of the estate of Mansur Aftab, appeals an order of the probate court denying its claims for default interest on two promissory notes executed by Aftab. The trial court reasoned that because First Union's statement of claim did not refer to the possibility of default interest being due should the loans go into default, First Union did not properly preserve its ability to collect default interest. We hold that the claim adequately...

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