Deleo v. Spero

District Court of Appeal of Florida

Deleo v. Spero

560 So. 2d 426, 1990 Fla. App. LEXIS 3113, 1990 WL 58586

CourtDistrict Court of Appeal of Florida

DecidedMay 9, 1990

DocketNo. 89-1789

StatusPublished

Cited by2 cases

This text of 560 So. 2d 426 (Deleo v. Spero) 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.

Bluebook

Deleo v. Spero, 560 So. 2d 426, 1990 Fla. App. LEXIS 3113, 1990 WL 58586 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

Reversed. There are material issues of fact regarding the affirmative defenses raised by appellants precluding the summary judgment granted by the trial court, which include: (1) whether the promissory note in question was a renewal note; (2) even if it were, whether the appellants could still assert a claim of lack of consideration on the grounds that they could not have discovered this defense with due diligence prior to signing the renewal note; see Hurner v. Mutual Bankers Corporation, 140 Fla. 435, 191 So. 831 (1939); and (3) whether the note was signed under duress by appellants. Associated Housing Corp. v. Keller Bldg. Products of Jacksonville, Inc., 335 So.2d 362 (Fla. 1st DCA 1976).

HERSEY, C.J., and DOWNEY and WARNER, JJ., concur.

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PER CURIAM.

Reversed. There are material issues of fact regarding the affirmative defenses raised by appellants precluding the summary judgment granted by the trial court, which include: (1) whether the promissory note in question was a renewal note; (2) even if it were, whether the appellants could still assert a claim of lack of consideration on the grounds that they could not have discovered this defense with due diligence prior to signing the renewal note; see Hurner v. Mutual Bankers Corporation, 140 Fla. 435, 191 So. 831 (1939); and (3) whether the note was signed under duress by appellants. Associated Housing Corp. v. Keller Bldg. Products of Jacksonville, Inc., 335 So.2d 362 (Fla. 1st DCA 1976).

HERSEY, C.J., and DOWNEY and WARNER, JJ., concur.

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560 So. 2d 426, 1990 Fla. App. LEXIS 3113, 1990 WL 58586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deleo-v-spero-fladistctapp-1990.

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