Zabler v. Resolution Trust Corp.
District Court of Appeal of Florida
1Per 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).
*125The remaining issues raised by the appellant are without merit.
Reversed and remanded for further proceedings.
STONE, HAZOURI, JJ., and STETTIN, HERBERT, Senior Judge, concur.
2Cases cited3 opinions
- Fatherly v. California Federal Bank, FSBDistrict Court of Appeal of Florida · 1997
- Bakst v. Federal Deposit Insurance Corp.District Court of Appeal of Florida · 1993
- Pearlstein v. Pennsylvania National Bank & Trust Co.District Court of Appeal of Florida · 1996