ABBOTT v. PENRITH

No. 96-1981.

693 So.2d 67 (1997)

Earl A. ABBOTT, Appellant, v. Craig PENRITH, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 16, 1997.


Attorney(s) appearing for the Case

Richard E. Stadler of Severs, Stadler & Harris, P.A., Titusville, for Appellant.

Raymond J. Rotella and Lawrence M. Kosto of Kosto & Rotella, P.A., Orlando, for Appellee.


THOMPSON, Judge.

Earl Abbott appeals the final summary judgment entered against him on Craig Penrith's claim for payment on a promissory note. We must reverse the summary judgment because the original note was not produced.

Penrith filed a complaint against Abbott seeking payment on a promissory note. The complaint explained that on July 27, 1989, Abbott executed and delivered to Aetna Bank a promissory note in the amount of $250,000. The complaint explained...

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