L & S Food Services, Inc. v. Roberts Cafeteria, Inc.
Cases that cite this one
4 later published cases cite this decision.
- Mony Life Insurance Company v. Perez (United States District Court for the Middle District of Florida 2022)
- Peterson v. Affordable Homes of Palm Beach, Inc. (Fla. Dist. Ct. App. 2011)
- Vichaikul v. S.C.A.C. Enterprises, Inc. (Fla. Dist. Ct. App. 1993)
- St. Clair v. Smith (Fla. Dist. Ct. App. 1984)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We reverse the final order in favor of appellee Roberts Cafeteria, Inc. on its claim for default of a promissory note, noting that the trial judge weighed the evidence in granting summary judgment. We hold that there did exist issues of material fact for consideration by the factfinder, and thus summary judgment was improper. Davis v. Hathaway, 408 So.2d 688 (Fla. 2d DCA 1982). We note also that the issue of fraud, raised by appellants as a defense and counterclaim, is usually considered a jury question and is not ordinarily appropriate for summary judgment proceedings. Levey v. Getelman, 408 So.2d 663 (Fla. 3d DCA 1981).
REVERSED and REMANDED for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.