O'NEAL v. BOLLING

No. 81-931.

409 So.2d 1171 (1982)

Gilbert L. O'NEAL and Marta O'Neal, His Wife, Appellants, v. Stella BOLLING, Appellee.

District Court of Appeal of Florida, Third District.

February 16, 1982.


Attorney(s) appearing for the Case

Anthony J. Scremin, Miami, for appellants.

Alfred Manheim, Miami, for appellee.

Before NESBITT, DANIEL S. PEARSON and JORGENSON, JJ.


DANIEL S. PEARSON, Judge.

Whether Mrs. Bolling, as she asserted, made a loan of $22,800 to Gilbert O'Neal in 1972 or, as O'Neal asserted, Mrs. Bolling gave him this money as a gift, was most clearly an issue which could not be resolved by a summary judgment where the sole undisputed fact is that O'Neal received the money. Even if, arguendo, the trial court premised the summary judgment on the theory that any gift was presumptively invalid because O'Neal occupied some...

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