Florida District Courts of Appeal, 1978

Browd v. Central Bank of North Dade

Browd v. Central Bank of North Dade
Florida District Courts of Appeal · Decided March 7, 1978 · Haverfield, Hubbart, Nathan
356 So. 2d 1273; 1978 Fla. App. LEXIS 15600 (Southern Reporter, Second Series)

Browd v. Central Bank of North Dade

Opinion of the Court

PER CURIAM.

The final summary judgment appealed from is reversed and the cause remanded for further proceedings. In our view, affidavits presented to the trial court on the motion for summary judgment create a genuine issue of material fact as to whether novation occurred in this case. Murphy v. Green, 102 Fla. 102, 135 So. 531 (1931); Holl v. Talcott, 191 So.2d 40 (Fla. 1966); Amoedo v. Socarras, 311 So.2d 830 (Fla.3d DCA 1975).

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