First American Bank of Palm Beach County v. Hernandez

District Court of Appeal of Florida

First American Bank of Palm Beach County v. Hernandez

442 So. 2d 1098, 1983 Fla. App. LEXIS 25259

District Court of Appeal of Florida·Decided December 21, 1983·No. No. 82-1605·Published

Opinion

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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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.

First American Bank of Palm Beach County v. Hernandez, 442 So. 2d 1098, 1983 Fla. App. LEXIS 25259 (Fla. Ct. App. 1983).

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Opinion

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