HERDER v. FIRST UNION NAT. BANK OF FLORIDA

No. 97-397.

708 So.2d 997 (1998)

W. Ed HERDER, Appellant, v. FIRST UNION NATIONAL BANK OF FLORIDA f/k/a Florida National Bank, Appellee.

District Court of Appeal of Florida, Third District.

March 25, 1998.


Attorney(s) appearing for the Case

W. Ed Herder, in proper person.

Friedman & Greenberg, and Robert Friedman, Miami, for appellee.

Before SCHWARTZ, C.J., and GODERICH and SORONDO, JJ.


PER CURIAM.

Affirmed.

GODERICH and SORONDO, JJ., concur.

SCHWARTZ, Chief Judge (dissenting).

The trial judge ruled that the statute of limitations on the present action on the appellant's guarantee, which admittedly would otherwise have run, was tolled when, within the statutory period, the principal sum was reduced by the amount secured without the appellant's knowledge from a judicial sale of the collateral on the underlying loan. The Florida...

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