Larken v. Barnett Bank of South Florida, N.A.

Full title: MARILIN LARKEN AND MARCELO LARKEN, APPELLANTS, v. BARNETT BANK OF SOUTH…

Court: District Court of Appeal of Florida, Third District

Date published: May 28, 1991

579 So. 2d 891 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1571.

May 28, 1991.

An Appeal from the Circuit Court for Dade County; Ronald M. Friedman, Judge.

Marilin Larken and Marcelo Larken, in pro. per.

Kris E. Penzell, Miami, for appellee.

Before SCHWARTZ, C.J., and HUBBART and NESBITT, JJ.

CORRECTED OPINION

PER CURIAM.

The Larkens appeal from a final summary judgment in an action for default on a promissory note.

We affirm the order of final summary judgment. See Holl v. Talcott, 191 So.2d 40 (Fla. 1966). However, we reverse that portion of the order awarding attorneys' fees to the appellee and remand to the trial court with directions to comply with the requirements of Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985).

Affirmed in part, reversed in part, and remanded with directions.