MONROE v. APPELTON

No. 81-2521.

419 So.2d 356 (1982)

Maxwell Owen MONROE, a/K/a Maxwell Owen Munroe, and Karen Gaye Monroe, a/K/a Karen Gaye Munroe, His Wife, Appellants, v. Clark APPELTON, Edmund Joseph Walters, and Allan Wilkins, As Committees of the Estate of Clarence Norman Appelton, Appellees.

District Court of Appeal of Florida, Second District.

September 10, 1982.


Attorney(s) appearing for the Case

John Turnbull and Milton D. Jones, Clearwater, for appellants.

R. Timothy Peters of Goza, Hall & Peters, Clearwater, for appellees.


CURTIS, CLINTON A., Associate Judge.

Appellants, the Monroes, are appealing a final summary judgment which awarded $100,000 to appellees. They contend the trial court erred in determining there was no genuine issue of fact as to the pleading issues and in granting appellees' motion for summary judgment. We agree and reverse.

In November 1977 the Monroes received $100,000 from Clarence Appelton, Mrs. Monroe's uncle. There was no note or mortgage given in return...

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