Bernard v. Schnier

District Court of Appeal of Florida

Bernard v. Schnier

438 So. 2d 85, 1983 Fla. App. LEXIS 24301

CourtDistrict Court of Appeal of Florida

DecidedSeptember 7, 1983

DocketNos. 82-1265, 82-1886

StatusPublished

This text of 438 So. 2d 85 (Bernard v. Schnier) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bernard v. Schnier, 438 So. 2d 85, 1983 Fla. App. LEXIS 24301 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

This suit involves a suit on a note. The determinative question is whether the note was under seal. The trial court determined that it was not under seal and that the suit was barred by the applicable statute of limitations. There is little authority on the subject, but we conclude that the trial court was incorrect. The note was a sealed instrument. The summary judgment is reversed. See Megdell v. Bailey, 194 So.2d 13 (Fla. 3d DCA 1966), and McCarley v. Board of Supervisors of Tippah County, 58 Miss. 483 (Miss.1880).

The circuit court’s assessment of attorney’s fees against appellant under Section [86]*8657.105, Florida Statutes (1979), is also reversed. The matter is remanded for trial.

REVERSED AND REMANDED.

ANSTEAD, C.J., and BERANEK and HURLEY, JJ., concur.

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PER CURIAM.

This suit involves a suit on a note. The determinative question is whether the note was under seal. The trial court determined that it was not under seal and that the suit was barred by the applicable statute of limitations. There is little authority on the subject, but we conclude that the trial court was incorrect. The note was a sealed instrument. The summary judgment is reversed. See Megdell v. Bailey, 194 So.2d 13 (Fla. 3d DCA 1966), and McCarley v. Board of Supervisors of Tippah County, 58 Miss. 483 (Miss.1880).

The circuit court’s assessment of attorney’s fees against appellant under Section [86]*8657.105, Florida Statutes (1979), is also reversed. The matter is remanded for trial.

REVERSED AND REMANDED.

ANSTEAD, C.J., and BERANEK and HURLEY, JJ., concur.

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438 So. 2d 85, 1983 Fla. App. LEXIS 24301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernard-v-schnier-fladistctapp-1983.

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