Florida District Courts of Appeal, 2001

Blyweiss v. Smith

Blyweiss v. Smith
Florida District Courts of Appeal · Decided June 27, 2001 · Farmer, Shahood, Stevenson
789 So. 2d 462; 2001 Fla. App. LEXIS 8833; 2001 WL 716939 (Southern Reporter, Second Series)

Blyweiss v. Smith

Opinion of the Court

PER CURIAM.

In this equitable contribution action, plaintiffs sought contribution from their joint obligors for discharge of a common debt. The trial court granted plaintiffs’ motion for summary judgment and entered judgment for a specific sum. Upon review of the record, we conclude that there are triable issues as to whether plaintiffs paid anything in excess of their *463pro-rata share of the common debt, as well as to defendant’s affirmative defenses, which plaintiffs failed to conclusively disprove. Accordingly, we reverse the summary judgment and remand for further proceedings.

FARMER, STEVENSON and SHAHOOD, JJ., concur.

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