Stephens v. Crouch

District Court of Appeal of Florida

Stephens v. Crouch

479 So. 2d 879, 11 Fla. L. Weekly 72, 1985 Fla. App. LEXIS 5993

CourtDistrict Court of Appeal of Florida

DecidedDecember 26, 1985

DocketNo. 84-2265

StatusPublished

This text of 479 So. 2d 879 (Stephens v. Crouch) 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

Stephens v. Crouch, 479 So. 2d 879, 11 Fla. L. Weekly 72, 1985 Fla. App. LEXIS 5993 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

Appellant, Robert L. Stephens, appeals from an adverse summary judgment entered in favor of the appellee, Ann Crouch. Ann Crouch filed an action against the appellant on a promissory note. The issue in this case is whether there existed a genuine issue of material fact precluding the entry of summary judgment as a matter of law. The record on appeal discloses that there is a genuine issue of material fact as to whether the debt has been satisfied. The appellant, the maker of the promissory note, should be allowed to prove that fact at a proper hearing on the merits. Cf. Wagner v. Bonucelli, 239 So.2d 619 (Fla. 4th DCA 1970) (summary judgment in favor of payee was improper because the court may consider extrinsic evidence in support of the defenses of lack of consideration, release, waiver, or estoppel); Bassato v. Denicola, 80 So.2d 353 (Fla.1955).

It is a well settled rule that a summary judgment should only be granted in the complete absence of a genuine issue of material fact. Holl v. Talcott, 191 So.2d 40 (Fla.1966). Accordingly, the judgment appealed is reversed.

REVERSED.

DELL and WALDEN, JJ., and BOARD-MAN, EDWARD F., Associate Judge (Retired), concur.

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PER CURIAM.

Appellant, Robert L. Stephens, appeals from an adverse summary judgment entered in favor of the appellee, Ann Crouch. Ann Crouch filed an action against the appellant on a promissory note. The issue in this case is whether there existed a genuine issue of material fact precluding the entry of summary judgment as a matter of law. The record on appeal discloses that there is a genuine issue of material fact as to whether the debt has been satisfied. The appellant, the maker of the promissory note, should be allowed to prove that fact at a proper hearing on the merits. Cf. Wagner v. Bonucelli, 239 So.2d 619 (Fla. 4th DCA 1970) (summary judgment in favor of payee was improper because the court may consider extrinsic evidence in support of the defenses of lack of consideration, release, waiver, or estoppel); Bassato v. Denicola, 80 So.2d 353 (Fla.1955).

It is a well settled rule that a summary judgment should only be granted in the complete absence of a genuine issue of material fact. Holl v. Talcott, 191 So.2d 40 (Fla.1966). Accordingly, the judgment appealed is reversed.

REVERSED.

DELL and WALDEN, JJ., and BOARD-MAN, EDWARD F., Associate Judge (Retired), concur.

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Bluebook (online)

479 So. 2d 879, 11 Fla. L. Weekly 72, 1985 Fla. App. LEXIS 5993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephens-v-crouch-fladistctapp-1985.

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