Florida District Courts of Appeal, 1990

Gordon v. Fortune Savings Bank

Gordon v. Fortune Savings Bank
Florida District Courts of Appeal · Decided May 16, 1990 · Garrett, Gunther, Walden
561 So. 2d 30; 1990 Fla. App. LEXIS 3306; 1990 WL 64150 (Southern Reporter, Second Series)

Gordon v. Fortune Savings Bank

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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