Milgrom v. International Bank of Miami
This text of 436 So. 2d 364 (Milgrom v. International Bank of Miami) 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.
Opinion
The summary judgment for the plaintiff bank in an action on guaranties was improperly entered below because of the existence of genuine issues as to whether the execution of the agreements had been induced by fraudulent representations, by a contemporaneous oral agreement with which the bank did not comply or both. Public Health Trust of Dade County v. Prudential Ins. Co., 415 So.2d 896 (Fla. 3d DCA 1982); Furlong v. First National Bank of Hialeah, 329 So.2d 406 (Fla. 3d DCA 1976), cert. denied, 341 So.2d 291 (Fla.1976); Healy v. Atwater, 269 So.2d 753 (Fla. 3d DCA 1972). Accordingly, the judgment and a consequent order dismissing the present defendants’ counterclaim with prejudice are reversed and the cause remanded for further appropriate proceedings.
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Cite This Page — Counsel Stack
436 So. 2d 364, 1983 Fla. App. LEXIS 22571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milgrom-v-international-bank-of-miami-fladistctapp-1983.