Yob v. De Franco

District Court of Appeal of Florida

Yob v. De Franco

627 So. 2d 75, 1993 Fla. App. LEXIS 11652, 1993 WL 477651

CourtDistrict Court of Appeal of Florida

DecidedNovember 19, 1993

DocketNo. 92-03635

StatusPublished

This text of 627 So. 2d 75 (Yob v. De Franco) 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

Yob v. De Franco, 627 So. 2d 75, 1993 Fla. App. LEXIS 11652, 1993 WL 477651 (Fla. Ct. App. 1993).

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Opinion

DANAHY, Acting Chief Judge.

We reverse the summary judgment granted in this action on a promissory note and mortgage because the appellants (plaintiffs in the trial court) have not shown the absence of a material issue of fact or that the affirmative defenses raised are legally insufficient. See Howdeshell v. First National Bank, 369 So.2d 432 (Fla. 2d DCA 1979); Sandlin v. McKinney-Green, Inc., 453 So.2d 493 (Fla. 1st DCA 1984). The defendants’ counterclaim, ordered severed in the summary judgment, shall remain in the cause for appropriate disposition. Stone v. Privatbanken, 580 So.2d 882 (Fla. 4th DCA 1991).

Reversed and remanded for further proceedings.

SCHOONOVER and PATTERSON, JJ., concur.

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DANAHY, Acting Chief Judge.

We reverse the summary judgment granted in this action on a promissory note and mortgage because the appellants (plaintiffs in the trial court) have not shown the absence of a material issue of fact or that the affirmative defenses raised are legally insufficient. See Howdeshell v. First National Bank, 369 So.2d 432 (Fla. 2d DCA 1979); Sandlin v. McKinney-Green, Inc., 453 So.2d 493 (Fla. 1st DCA 1984). The defendants’ counterclaim, ordered severed in the summary judgment, shall remain in the cause for appropriate disposition. Stone v. Privatbanken, 580 So.2d 882 (Fla. 4th DCA 1991).

Reversed and remanded for further proceedings.

SCHOONOVER and PATTERSON, JJ., concur.

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Bluebook (online)

627 So. 2d 75, 1993 Fla. App. LEXIS 11652, 1993 WL 477651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yob-v-de-franco-fladistctapp-1993.

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