Schwitalla v. City National Bank of New York City

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.