
    L. P. CONTELLA, Appellant, v. PAN AMERICAN BANK OF ORLANDO, N. A., a National Banking Corporation, formerly known as Citizens National Bank of Orlando, Appellee.
    No. 76-950.
    District Court of Appeal of Florida, Fourth District.
    March 25, 1977.
    A. J. Stanton, Jr., of Colling & Stanton, Orlando, for appellant.
    
      Robert D. Gatton, of Johnson, Motsinger, Trismen & Sharp, Orlando, for appellee.
   DOWNEY, Judge.

We have reviewed the briefs in this cause, together with the record, and conclude that the entry of a summary final judgment for the appellee on Count I of its complaint and on appellant’s counterclaim was improper since it appears there is a genuine issue of material fact involved in Count I and in the counterclaim as to whether the note in question was a note payable on demand or payable in installments.

Since the appellant conceded the propriety of the judgment as to Count II of appel-lee’s complaint, we affirm the judgment on appeal insofar as that judgment concerns Count II. However, for the reasons given above, we reverse that judgment insofar as it concerns (a) appellee’s Count I and (b) appellant’s counterclaim and remand the cause for further proceedings.

AFFIRMED IN PART; REVERSED IN PART; and remanded.

CROSS and LETTS, JJ., concur.  