Levine v. Wahrburg

Gary Levine executed a $50,000 promissory note to Barnett Bank of South Florida, N.A. Thereafter, the note came in default. The bank credited certain funds in a joint account of the Levines as a partial payment of the note, and certain wire transfers were also credited. Barnett commenced a suit to collect the balance due after a default judgment was entered. A final judgment in the principal sum of $50,769.17 was entered. No appeal of this judgment was taken. During the progress of the case the Le-vines attempted to file an answer and counterclaim,, alleging bank misconduct in connection with…