Silva v. Hernandez

District Court of Appeal of Florida

Silva v. Hernandez

616 So. 2d 195, 1993 Fla. App. LEXIS 4218, 1993 WL 107986

CourtDistrict Court of Appeal of Florida

DecidedApril 13, 1993

DocketNo. 91-2240

StatusPublished

This text of 616 So. 2d 195 (Silva v. Hernandez) 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

Silva v. Hernandez, 616 So. 2d 195, 1993 Fla. App. LEXIS 4218, 1993 WL 107986 (Fla. Ct. App. 1993).

Pincite

Opinion

ON CONSIDERATION PURSUANT TO REMAND

PER CURIAM.

We revisit this cause upon remand from the Florida Supreme Court. Silva v. Hernandez, 612 So.2d 1377 (Fla.1993). Pursuant to the court’s directive, we have considered Silva’s affidavit as timely filed. The record demonstrates that Hernandez has failed to rebut Silva’s legally sufficient affirmative defense: genuine issues of material fact remain unresolved. Duke v. Reed, 396 So.2d 1218 (Fla. 3d DCA 1981). See Haven Fed. Sav. & Loan Ass’n v. Kirian, 579 So.2d 730, 733 (Fla.1991). Accordingly, the trial court erred in entering summary judgment. We, therefore, reverse the summary judgment and remand for further proceedings.

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

ON CONSIDERATION PURSUANT TO REMAND

PER CURIAM.

We revisit this cause upon remand from the Florida Supreme Court. Silva v. Hernandez, 612 So.2d 1377 (Fla.1993). Pursuant to the court’s directive, we have considered Silva’s affidavit as timely filed. The record demonstrates that Hernandez has failed to rebut Silva’s legally sufficient affirmative defense: genuine issues of material fact remain unresolved. Duke v. Reed, 396 So.2d 1218 (Fla. 3d DCA 1981). See Haven Fed. Sav. & Loan Ass’n v. Kirian, 579 So.2d 730, 733 (Fla.1991). Accordingly, the trial court erred in entering summary judgment. We, therefore, reverse the summary judgment and remand for further proceedings.

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

616 So. 2d 195, 1993 Fla. App. LEXIS 4218, 1993 WL 107986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silva-v-hernandez-fladistctapp-1993.

Opinion

Related

Cite This Page — Counsel Stack