Florida District Courts of Appeal, 1980

Drury v. Seeley

Drury v. Seeley
Florida District Courts of Appeal · Decided November 12, 1980 · Anstead, Hersey, Letts
390 So. 2d 115; 1980 Fla. App. LEXIS 17601 (Southern Reporter, Second Series)

Drury v. Seeley

Opinion of the Court

PER CURIAM.

This matter is before us to review a final summary judgment entered against the appellant on a claim arising out of a corporate debt and an order dismissing with prejudice appellant’s counterclaim. We find no error in the dismissal of the counterclaim. However, although there is substantial evidence in the record to support the summary judgment, there is also competent evidence controverting the claim against the appellant. Under such circumstances we believe it was error to enter summary judgment.

Accordingly, the final summary judgment is reversed with directions for further proceedings in accord herewith.

LETTS, C. J., and ANSTEAD and HERSEY, JJ., concur.

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