Florida Service Network, Inc. v. Brickellbanc Savings Ass'n

District Court of Appeal of Florida

Florida Service Network, Inc. v. Brickellbanc Savings Ass'n

502 So. 2d 1013, 12 Fla. L. Weekly 610, 1987 Fla. App. LEXIS 6945

District Court of Appeal of Florida·Decided February 24, 1987·No. No. 86-2249·Published

Opinion

PER CURIAM.

Finding that appellee failed to refute appellants’ affirmative defenses of set-off, failure of consideration, and the non-existence of individual guarantees and that gen[1014] uine issues of material fact remain as to these issues, we reverse the Order Granting Plaintiff’s Motion for Partial Summary-Judgment and the Order Denying Motion for Rehearing and remand the cause to the trial court for further proceedings. O’Neal v. Brady, 476 So.2d 294 (Fla. 3d DCA 1985); Fla.R.Civ.P. 1.510(c); see Steinberg v. Charles Sales Corp., 296 So.2d 601 (Fla. 3d DCA 1974), cert. denied, 308 So.2d 116 (Fla.1975); Fernandez v. Cunningham, 268 So.2d 166 (Fla. 3d DCA 1972); Emile v. First Nat’l Bank, 126 So.2d 305 (Fla. 3d DCA 1961).

Reversed and remanded.

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PER CURIAM.

Finding that appellee failed to refute appellants’ affirmative defenses of set-off, failure of consideration, and the non-existence of individual guarantees and that gen[1014] uine issues of material fact remain as to these issues, we reverse the Order Granting Plaintiff’s Motion for Partial Summary-Judgment and the Order Denying Motion for Rehearing and remand the cause to the trial court for further proceedings. O’Neal v. Brady, 476 So.2d 294 (Fla. 3d DCA 1985); Fla.R.Civ.P. 1.510(c); see Steinberg v. Charles Sales Corp., 296 So.2d 601 (Fla. 3d DCA 1974), cert. denied, 308 So.2d 116 (Fla.1975); Fernandez v. Cunningham, 268 So.2d 166 (Fla. 3d DCA 1972); Emile v. First Nat’l Bank, 126 So.2d 305 (Fla. 3d DCA 1961).

Reversed and remanded.

Florida Service Network, Inc. v. Brickellbanc Savings Ass'n, 502 So. 2d 1013, 12 Fla. L. Weekly 610, 1987 Fla. App. LEXIS 6945 (Fla. Ct. App. 1987).

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Opinion

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