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PEPE v. SHEPHERD

No. 82-376.

422 So.2d 910 (1982)

Thomas F. PEPE, Appellant, v. John SHEPHERD, Lisa Greenbaum and Faces, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 6, 1982.

Attorney(s) appearing for the Case

William J. Williams, Pepe & Nemire and Thomas F. Pepe, Coral Gables, for appellant.

Prunty, Ross, Olsen & Israel and John W. Prunty, Miami, for appellees.

Before HENDRY, SCHWARTZ and DANIEL S. PEARSON, JJ.

PER CURIAM.

The sole bases upon which the trial court entered summary judgment for the defendants-appellees were (1) its conclusion that an assignment of a portion of a promissory note is enforceable against the obligors only if the obligors consent in writing and (2) the related but separate conclusion that the obligors' oral consent, if any, to the splitting of the indebtedness is barred by the statute of frauds.

First, it is axiomatic that no agreement...

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