Gator Express Service, Inc. v. Funding Systems Leasing Corp.

Banke, Judge.

This is a suit by the lessor of a “forklift” to recover payments allegedly due under the lease agreement. The defendants are Gator Express Service, Inc., which is alleged to be the lessee, and Mr. and *93Mrs. L. L. Deas, each of whom signed a “guaranty” agreement guaranteeing the monthly payments in the event of nonpayment by Gator Express. This appeal is from a grant of summary judgment to the plaintiff. Held:

1. Because the company which executed the lease agreement as lessee is not Gator Express Service, Inc., but instead a company called City Express Service, Inc., and because…