Florida District Courts of Appeal, 1981

Hill v. Commonwealth Co.

Hill v. Commonwealth Co.
Florida District Courts of Appeal · Decided May 13, 1981 · Bera, Downey, Letts, Nek
397 So. 2d 1234; 1981 Fla. App. LEXIS 19811 (Southern Reporter, Second Series)

Hill v. Commonwealth Co.

Opinion of the Court

PER CURIAM.

Defendant appeals a final summary judgment entered in favor of plaintiff in an action on a promissory note. The final judgment awarded the amount of the note plus attorneys’ fees. We reverse.

The defendant’s answer and affidavit in opposition to the motion for summary judgment show that issues of fact remained unresolved. The judgment is reversed in accordance with Brady v. Zimmerman, 246 So.2d 637 (Fla. 4th DCA 1971); and Evans v. United Benefit Fire Insurance Company of Omaha, Nebraska, 192 So.2d 87 (Fla. 2d DCA 1966).

REVERSED AND REMANDED.

LETTS, C. J., and DOWNEY and BERA-NEK, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.