FOX v. PERRY

No. 79-945.

382 So.2d 1251 (1980)

Morris FOX and Jean Fox, His Wife, Appellants, v. Phil PERRY and Therese Perry, His Wife et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 23, 1980.


Attorney(s) appearing for the Case

Rash, Katzen & Kay and Howard I. Kay, South Miami, for appellants.

Buchbinder & Elegant and Ira M. Elegant, Miami, for appellees.

Before HENDRY and SCHWARTZ, JJ., and VANN, HAROLD R. (Ret.), Associate Judge.


VANN, Associate Judge.

This appeal, arising out of a complaint seeking damages on a promissory note, comes to us from (1) an order of the Dade County Circuit Court granting a final summary judgment to the defendants and (2) an order (of another judge of that court) deferring a ruling on the plaintiffs' motion to amend their complaint. Because numerous, genuine issues of material fact yet remain, the final summary judgment must be reversed.

The plaintiffs ...

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