Opinion
No. 84-2020.
June 25, 1985.
Appeal from the Circuit Court for Dade County; Phillip W. Knight, Judge.
Thomas Raab and John Thomas, Miami, for appellant.
Freshman, Freshman Michelson and Michael D. Levine, Miami, for appellee.
Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.
We affirm the final judgment entered below upon a holding that there was sufficient evidence for the trial court to conclude that the condition precedent giving rise to liability on a promissory note had not been fulfilled.
Our affirmance is without prejudice to the plaintiff/appellant to satisfy the condition precedent and thereafter file a new action should the defendant/appellee fail to satisfy the terms of the obligation.
Affirmed.