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Florida District Courts of Appeal, 1983

First American Bank of Palm Beach County v. Hernandez

First American Bank of Palm Beach County v. Hernandez
Florida District Courts of Appeal · Decided December 21, 1983 · Anstead, Glickstein, Walden
442 So. 2d 1098; 1983 Fla. App. LEXIS 25259 (Southern Reporter, Second Series)

First American Bank of Palm Beach County v. Hernandez

Opinion of the Court

PER CURIAM.

Reversed and remanded for a new trial on all issues. We believe the trial court erred in directing a verdict against the creditor bank in the face of an issue of fact as to the status of appellees’ loan payments to the appellant. We also believe the trial court erred in its instructions to the jury on damages. Cf. Mercury Motor Express, Inc. v. Crockett, 422 So.2d 358 (Fla. 1st DCA 1982).

ANSTEAD, C.J., and GLICKSTEIN and WALDEN, JJ., concur.

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