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L & S FOOD SERVICES, INC. v. ROBERTS CAFETERIA, INC.

No. 82-206.

422 So.2d 45 (1982)

L & S FOOD SERVICES, INC., a Florida Corporation, Peter W. Schoen and Ruth L. Dady, Appellants, v. ROBERTS CAFETERIA, INC., William Roberts and Virginia Roberts, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 17, 1982.

Attorney(s) appearing for the Case

Walt Logan, P.A., St. Petersburg, for appellants.

Gary R. Preston of Richards, Nodine, Gilkey, Fite, Meyer & Thompson, P.A., Clearwater, for appellees.

RYDER, Judge.

We reverse the final order in favor of appellee Roberts Cafeteria, Inc. on its claim for default of a promissory note, noting that the trial judge weighed the evidence in granting summary judgment. We hold that there did exist issues of material fact for consideration by the factfinder, and thus summary judgment was improper. Davis v. Hathaway, 408 So.2d 688 (Fla. 2d DCA 1982). We note also that the issue of...

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