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Killgo v. Hoffman

District Court of Appeal of Florida, Third District
Oct 21, 1975
320 So. 2d 417 (Fla. Dist. Ct. App. 1975)

Opinion

No. 75-653.

October 21, 1975.

Appeal from the Circuit Court, Dade County, Sam I. Silver, J.

Fromberg, Fromberg Roth, Miami, for appellant.

David G. Bazarsky, Louis Vernell, Miami, for appellee.

Before BARKDULL, C.J., and HENDRY and HAVERFIELD, JJ.


Appellant is one of the defendants in an action on a promissory note brought by appellee in the Circuit Court of Dade County. The court granted summary judgment against the appellant as to liability. It is this order that is being appealed.

It is appellant's contention that the court erred in entering summary judgment as to liability in that the plaintiff-appellee failed to negate the existence of disputed facts on material issues.

We find merit in appellant's contention and reverse. See Emile v. First National Bank of Miami, Fla.App. 1961, 126 So.2d 305; Harrison v. McCourtney, Fla.App. 1962, 148 So.2d 53; Underwriters Insurance Company v. Sisung, Fla.App. 1965, 174 So.2d 461.

Reversed.


Summaries of

Killgo v. Hoffman

District Court of Appeal of Florida, Third District
Oct 21, 1975
320 So. 2d 417 (Fla. Dist. Ct. App. 1975)
Case details for

Killgo v. Hoffman

Case Details

Full title:JAMES KILLGO, APPELLANT, v. BERNARD HOFFMAN, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Oct 21, 1975

Citations

320 So. 2d 417 (Fla. Dist. Ct. App. 1975)

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