JOEL P. GORDON, APPELLANT,
v.
FORTUNE SAVINGS BANK, APPELLEE
JOEL P. GORDON, APPELLANT,
FORTUNE SAVINGS BANK, APPELLEE
561 So. 2d 30
Florida District Court of Appeal, Fourth District (1990)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We reverse the summary final judgment entered in favor of Plaintiff, Fortune Savings Bank, and against Defendant, Joel P. Gordon, because there exists a genuine issue of material fact which precludes entry of summary judgment as a matter of law. That issue is whether or not Fortune Savings Bank was a holder in due course as concerns the promissory note in question that was assigned to it. Seinfeld v. Commercial Bank & Trust, 405 So. 2d 1039 (Fla. 3d DCA 1981).
REVERSED and REMANDED for further proceedings consistent herewith.
WALDEN, GUNTHER and GARRETT, JJ., concur.
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Authorities Cited
- Rodger Sheets v. Sheets, 405 So. 2d 1039 (Fla. 3d DCA 1981)
- Seinfeld v. Commercial Bank & Tr. Co., 405 So. 2d 1039 (Fla. 3d DCA 1981)