Brady v. Zimmerman

CROSS, Chief Judge.

Appellants-defendants, John T. Brady and his wife, Jeanne Brady, appeal a final judgment entered in favor of appel-lee-plaintiff, Walter Zimmerman, in an action on a promissory note. Also appealed is an interlocutory order from a partial summary judgment entered in favor of ap-pellee on the issue of liability on the note. The two notices of appeal were filed simultaneously. Since the appeal from the final judgment assigned as error the entry of the summary judgment, the interlocutory appeal will be treated as surplusage. Price v. Gordon, 1937, 129 Fla. 715, 177 So. 276.

Suit…