McDonough v. First Coast Community Bank

KAHN, Judge.

Joseph McDonough seeks review of a summary final judgment in which the trial court found as a matter of law that McDon-ough was obligated to pay damages and attorney’s fees under a promissory note in favor of appellee First Coast Community Bank (First Coast). We reverse.

First Coast brought this action in a straightforward manner, alleging execution, delivery, and subsequent default on McDonough’s part, of the subject promissory note. McDonough filed an answer and affirmative defenses. He alleged that he executed the note pursuant to certain express representations made to him by…