Schwitalla v. City Nat. Bank of N.Y

Full title: ALPHONSE M. SCHWITALLA A/K/A A.M. SCHWITALLA, APPELLANT, v. CITY NATIONAL…

Court: District Court of Appeal of Florida, Fourth District

Date published: May 6, 1987

506 So. 2d 481 (Fla. Dist. Ct. App. 1987)

Opinion

No. 4-86-2353.

May 6, 1987.

Appeal from the Circuit Court for Broward County; Eugene S. Garrett, Judge.

David T. Price of Price and Byrne, Fort Lauderdale, for appellant.

Michael J. McNerney and Linda R. Spaulding of Brinkley, McNerney Morgan, Fort Lauderdale, for appellee.

PER CURIAM.

The judgment appealed from is reversed upon authority of Allie v. Ionata, 503 So.2d 1237 (Fla. 1987), and Cherney v. Moody, 413 So.2d 866 (Fla. 1st DCA 1982), and the cause is remanded to the trial court with directions to reinstate the appellant's counterclaim and for further proceedings consistent with the cited opinions.

HERSEY, C.J., and DOWNEY and STONE, JJ., concur.