Martin v. Lacertosa

District Court of Appeal of Florida

Martin v. Lacertosa

545 So. 2d 526, 14 Fla. L. Weekly 1616, 1989 Fla. App. LEXIS 3791, 1989 WL 73799

CourtDistrict Court of Appeal of Florida

DecidedJuly 7, 1989

DocketNo. 88-2487

StatusPublished

Cited by1 cases

This text of 545 So. 2d 526 (Martin v. Lacertosa) 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

Martin v. Lacertosa, 545 So. 2d 526, 14 Fla. L. Weekly 1616, 1989 Fla. App. LEXIS 3791, 1989 WL 73799 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

The final summary judgment in favor of appellees is reversed. When a plaintiff moves for summary judgment, it is his burden to rebut through affidavits, the affirmative defenses raised by the defendant. Plaintiffs failed to offer affidavits rebutting the affirmative defense of lack of consideration for the note raised in this case. Thus, the trial court erred in granting summary judgment in favor of appellees. First National Entertainment Corp. v. Brumlik, 531 So.2d 403 (Fla. 5th DCA 1988); Bunner v. Florida Coast Bank of Coral Springs, P.A, 390 So.2d 126 (Fla. 4th DCA 1980).

Reversed and remanded for further proceedings.

GUNTHER and WARNER, JJ., concur. ANSTEAD, J., dissents without opinion.

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PER CURIAM.

The final summary judgment in favor of appellees is reversed. When a plaintiff moves for summary judgment, it is his burden to rebut through affidavits, the affirmative defenses raised by the defendant. Plaintiffs failed to offer affidavits rebutting the affirmative defense of lack of consideration for the note raised in this case. Thus, the trial court erred in granting summary judgment in favor of appellees. First National Entertainment Corp. v. Brumlik, 531 So.2d 403 (Fla. 5th DCA 1988); Bunner v. Florida Coast Bank of Coral Springs, P.A, 390 So.2d 126 (Fla. 4th DCA 1980).

Reversed and remanded for further proceedings.

GUNTHER and WARNER, JJ., concur. ANSTEAD, J., dissents without opinion.

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545 So. 2d 526, 14 Fla. L. Weekly 1616, 1989 Fla. App. LEXIS 3791, 1989 WL 73799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-lacertosa-fladistctapp-1989.

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