Opinion
No. 4D99-0064.
Opinion filed February 16, 2000.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jorge Labarga, Judge; L.T. No. CL 91-7538 AB.
Robert Zabler, Murdock, pro se.
F. Malcolm Cunningham, Jr. and Laurie Stilwell Cohen of Cunningham Law Firm, for appellee.
We reverse the entry of summary final judgment because there are genuine issues of fact concerning the existence of a default in payment and whether interest due under the note was properly calculated. See Fatherly v. California Fed. Bank, FSB, 703 So.2d 1101 (Fla. 2d DCA 1997); Pearlstein v. Pennsylvania Nat'l Bank Trust Co., 668 So.2d 330 (Fla. 4th DCA 1996); and Bakst v. F.D.I.C., 617 So.2d 402 (Fla. 3d DCA 1993).
The remaining issues raised by the appellant are without merit.
Reversed and remanded for further proceedings.
STONE, HAZOURI, JJ., and STETTIN, HERBERT, Senior Judge, concur.