Gildred v. Alverde

BARKDULL, Judge.

The appellee instituted a suit to collect against the appellant as an accommodation-endorser on a $400,000 note and to recover a $25,000 loan not evidenced by a note. The trial court, after the case was set for trial, on the eve of trial, entered a summary judgment in favor of the plaintiff as to both claims, plus awarded attorney’s fees under the note claim. Procedurally we would reverse as to both claims because no notice or motion was made in regard to the summary judgment. Gold v. El Camino Mortgage Corporation, 491 So.2d 322 (Fla. 3d DCA 1986); Fruhmorgen v. Watson, 490…