Public-domain · open source
OpenJurist

756 So. 2d 124

Zabler v. Resolution Trust Corp.

District Court of Appeal of Florida

Decided February 16, 2000

District Court of Appeal of Florida · decided 2000-02-16

Relies on 703 So. 2d 1101 - Fatherly v. California Federal Bank, FSB · Dean Witter Reynolds, Inc. v. Clarke · 668 So. 2d 330 - State Automobile Mutual Insurance Co. v. Abbate

Decided 2000-02-16

PER CURIAM.

¶1We reverse the entry of summary final judgment because there are genuine issues of fact concerning the existence of a default in payment and whether interest due under the note was properly calculated. See Fatherly v. California Fed. Bank, FSB, 703 So.2d 1101 (Fla. 2d DCA 1997); Pearlstein v. Pennsylvania Nat’l Bank & Trust Co., 668 So.2d 330 (Fla. 4th DCA 1996); and Bakst v. F.D.I.C., 617 So.2d 402 (Fla. 3d DCA 1993).

¶2*125The remaining issues raised by the appellant are without merit.

¶3Reversed and remanded for further proceedings.

STONE, HAZOURI, JJ., and STETTIN, HERBERT, Senior Judge, concur.
/756/so2d/124 · .json · Public domain