HOLDER v. TALLEY, 629 So.2d 1001 (Fla.App. 3 Dist. 1993)

HAROLD D. HOLDER, SR., AND DUR-O-MATIC WATER HEATERS, INC., APPELLANTS, v. LAWRENCE M. TALLEY, APPELLEE.

No. 93-1640.District Court of Appeal of Florida, Third District.
December 28, 1993. Rehearing Denied January 28, 1994.

An Appeal from the Circuit Court of Dade County; Martin Greenbaum, Judge.

DuBosar Davidson and Holly Davidson, Boca Raton, for appellants.

Robert Ader, Miami, for appellee.

Before JORGENSON, COPE and LEVY, JJ.

PER CURIAM.

In view of the fact that the record reflects a conflict between the note in question and the “second addendum” that purportedly related to the said note, we hold that it was error for the trial court to have granted the summary judgment entered below. Accordingly, the summary judgment is reversed. This reversal is without prejudice to the appellee filing a renewed motion for summary judgment at a future date, such as after the filing of an affidavit by Mrs. Talley disavowing

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any interest in any note of which the appellant is the maker.

Reversed.