Zabler v. Resolution Trust Corp.

756 So. 2d 124, 2000 Fla. App. LEXIS 1392, 2000 WL 173453

Opinion

PER CURIAM.

We 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).

The remaining issues raised by the appellant are without merit.

Reversed and remanded for further proceedings.

STONE, HAZOURI, JJ., and STETTIN, HERBERT, Senior Judge, concur.