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643 So. 2d 129

Ambrose v. Folsom

District Court of Appeal of Florida

Decided October 19, 1994

District Court of Appeal of Florida · decided 1994-10-19

Decided 1994-10-19

PER CURIAM.

¶1AFFIRMED.

GLICKSTEIN and PARIENTE, JJ., concur.WARNER, J., dissents with opinion.
WARNER, Judge,

¶2dissenting with opinion.

¶3I would reverse and remand for further proceedings. In my view of the record there was an issue of fact which could not be resolved on a summary judgment, namely the issue of whether or not the acceleration clause had been modified by agreement.

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