Browd v. Central Bank of North Dade

District Court of Appeal of Florida

Browd v. Central Bank of North Dade

356 So. 2d 1273, 1978 Fla. App. LEXIS 15600

District Court of Appeal of Florida·Decided March 7, 1978·No. Nos. 77-282 and 77-489·Published

Opinion

PER CURIAM.

The final summary judgment appealed from is reversed and the cause remanded for further proceedings. In our view, affidavits presented to the trial court on the motion for summary judgment create a genuine issue of material fact as to whether novation occurred in this case. Murphy v. Green, 102 Fla. 102, 135 So. 531 (1931); Holl v. Talcott, 191 So.2d 40 (Fla.1966); Amoedo v. Socarras, 311 So.2d 830 (Fla.3d DCA 1975).

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PER CURIAM.

The final summary judgment appealed from is reversed and the cause remanded for further proceedings. In our view, affidavits presented to the trial court on the motion for summary judgment create a genuine issue of material fact as to whether novation occurred in this case. Murphy v. Green, 102 Fla. 102, 135 So. 531 (1931); Holl v. Talcott, 191 So.2d 40 (Fla.1966); Amoedo v. Socarras, 311 So.2d 830 (Fla.3d DCA 1975).

Browd v. Central Bank of North Dade, 356 So. 2d 1273, 1978 Fla. App. LEXIS 15600 (Fla. Ct. App. 1978).

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Opinion

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