L & S Food Services, Inc. v. Roberts Cafeteria, Inc.

Florida District Courts of Appeal
L & S Food Services, Inc. v. Roberts Cafeteria, Inc., 422 So. 2d 45 (1982)
1982 Fla. App. LEXIS 21388
Danahy, Hobson, Ryder

L & S Food Services, Inc. v. Roberts Cafeteria, Inc.

Opinion of the Court

RYDER, Judge.

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.

HOBSON, A.C.J., and DANAHY, J., concur.

Reference

Full Case Name
L & S FOOD SERVICES, INC., a Florida corporation, Peter W. Schoen and Ruth L. Dady v. ROBERTS CAFETERIA, INC., William Roberts and Virginia Roberts
Cited By
4 cases
Status
Published