Barnett Bank of South Florida, N.A. v. University Gynecological Associates, Inc.

KLEIN, Judge.

Barnett Bank sued Robert Burgs on a guaranty he signed for a promissory note executed by his wife. His wife executed the note on July 9,1991, and Burgs executed the guaranty on September 13, 1991. The trial judge granted Burgs’ motion for judgment on the pleadings, reasoning that since Burgs’ guaranty was executed after the execution of the promissory note and the making of the loan, there was no consideration for the guaranty. We reverse.

The trial court relied on Texaco, Inc. v. Giltak Corp., 492 So.2d 812 (Fla. 1st DCA 1986), in which the court held that where a guaranty is…