Sun Bank of St. Lucie County v. Oliver

HURLEY, Judge.

Sun Bank of St. Lucie County, as personal representative of the Estate of Vincent Vecchio, appeals from an adverse final judgment. We reverse for the reasons which are set forth herein.

In its representative capacity, Sun Bank sued Gordon Oliver on a promissory note from Oliver to Vecchio in the amount of $32,212.58. In his answer, Oliver raised affirmative defenses of failure of consideration, set-off of money due from Vecchio to Oliver, payment in full, and payment in part. The set-off defense was stricken by the trial court but Oliver filed an amended answer raising alteration…