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BAUERLE v. BRUSH

No. 5D00-2269.

820 So.2d 310 (2001)

Donald C. BAUERLE, Jr., etc., Appellant/Cross-Appellee, v. Janet C. BRUSH, Formerly Janet C. Bauerle, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

September 14, 2001.

Attorney(s) appearing for the Case

David C. Willis and J. Theodore Schatt of Mateer & Harbert, P.A., Orlando, for Appellant/Cross-Appellee.

Jerry R. Linscott and Matthew P. Julian of Baker & Hostetler, LLP, Orlando, for Appellee/Cross-Appellant.

PETERSON, J.

Donald C. Bauerle, Jr., as Personal Representative of the Estate of Donald C. Bauerle, Sr. (Bauerle), initiated action against Janet C. Brush on a $50,000 promissory note dated April 4, 1995 payable to Donald C. Bauerle, Sr. (Decedent). Brush affirmatively pled lack of consideration alleging that the Decedent had made a gift to her of the money evidenced by the note and never intended to enforce the note.

At trial, Bauerle introduced the note...

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