Levine v. Chemical Bank of New Jersey, N.A.

District Court of Appeal of Florida

Levine v. Chemical Bank of New Jersey, N.A.

653 So. 2d 1148, 1995 Fla. App. LEXIS 5030, 1995 WL 270897

CourtDistrict Court of Appeal of Florida

DecidedMay 10, 1995

DocketNo. 94-1509

StatusPublished

This text of 653 So. 2d 1148 (Levine v. Chemical Bank of New Jersey, N.A.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Levine v. Chemical Bank of New Jersey, N.A., 653 So. 2d 1148, 1995 Fla. App. LEXIS 5030, 1995 WL 270897 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

We reverse the summary judgment for appellee on its claim and appellant’s counterclaim. Appellant’s assertions that he was fraudulently induced to sign the note at issue, together with the supporting affidavit of a nonparty, established a disputed issue of material fact. Palmer v. Santa Fe Healthcare Sys., Inc., 582 So.2d 1234 (Fla. 1st DCA), review denied, 593 So.2d 1052 (Fla.1991).¹ The parol evidence rule does not apply. Ashland Oil, Inc. v. Pickard, 269 So.2d 714, 722 (Fla. 3d DCA 1972), cert. denied, 285 So.2d 18 (Fla.1973).

REVERSED AND REMANDED.

WARNER, POLEN and STEVENSON, JJ., concur.

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PER CURIAM.

We reverse the summary judgment for appellee on its claim and appellant’s counterclaim. Appellant’s assertions that he was fraudulently induced to sign the note at issue, together with the supporting affidavit of a nonparty, established a disputed issue of material fact. Palmer v. Santa Fe Healthcare Sys., Inc., 582 So.2d 1234 (Fla. 1st DCA), review denied, 593 So.2d 1052 (Fla.1991).¹ The parol evidence rule does not apply. Ashland Oil, Inc. v. Pickard, 269 So.2d 714, 722 (Fla. 3d DCA 1972), cert. denied, 285 So.2d 18 (Fla.1973).

REVERSED AND REMANDED.

WARNER, POLEN and STEVENSON, JJ., concur.

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653 So. 2d 1148, 1995 Fla. App. LEXIS 5030, 1995 WL 270897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levine-v-chemical-bank-of-new-jersey-na-fladistctapp-1995.

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