PAI v. MOSCA

No. 81-59.

404 So.2d 1083 (1981)

Daniel K. PAI, Appellant, v. Nicolette C. MOSCA and Rocco Mosca, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 27, 1981.


Attorney(s) appearing for the Case

Edward A. Marod of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Orlando, for appellant.

R.L. Russell of Van den Berg, Gay & Burke, P.A., Orlando, for appellees.


COBB, Judge.

The Moscas sued Pai on two promissory notes. In a letter to the court that was construed as an answer, Pai raised the following defenses: (1) that he had signed the notes as agent for another entity; (2) duress; (3) extension of time; and (4) partial payment.

The Moscas moved for summary judgment and Pai filed an affidavit in opposition to their motion for summary judgment in which he claimed that he had made some payments towards the notes and...

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