E & S REALTY, INC. v. AM. EQUITY INT'L., CORPORATION

No. 85-258.

478 So.2d 1160 (1985)

E & S REALTY, INC., Appellant, v. AMERICAN EQUITY INTERNATIONAL CORP., American Equity Developers, Inc., 2555 Developers, Inc., Coram Resources, S.A., Aldrich Resources, S.A., Club Atlantis, a Joint Venture and Lawyers Title Insurance Corporation, Appellees.

District Court of Appeal of Florida, Third District.

November 26, 1985.


Attorney(s) appearing for the Case

Krongold & Bass and Paul Bass, Coral Gables, for appellant.

Greenberg, Traurig, Askew, Hoffman, Lipoff, Rosen & Quentel and Hilarie Bass, Miami, for appellees.

Before SCHWARTZ, C.J., and HUBBART and NESBITT, JJ.


PER CURIAM.

The final summary judgment under review is reversed and the cause is remanded to the trial court for further proceedings upon a holding that a genuine issue of material fact is raised upon this record as to whether an accord and satisfaction was reached in this case.

Although the plaintiff's principal, Shirley Attias, accepted from the defendants an $8,459.57 check containing a restrictive endorsement which stated "final payment on all [plaintiff...

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