FIRST NAT. ENTERTAINMENT CORP. v. BRUMLIK

No. 87-1961.

531 So.2d 403 (1988)

FIRST NATIONAL ENTERTAINMENT CORPORATION, Appellant, v. Timothy S. BRUMLIK, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

September 22, 1988.


Attorney(s) appearing for the Case

Liliana Cano and Stuart H. Singer of Greenberg, Traurig, Askew, Hoffman, Lipoff, Rosen & Quentel, P.A., Miami, for appellant.

Richard A. Sherman of Law Offices of Richard A. Sherman, P.A., Fort Lauderdale, for appellees.


COWART, Judge.

When the payee (Brumlik) sued on a promissory note, the maker, the corporation First National Entertainment Corporation (FNEC) asserted affirmative defenses including failure of consideration promised the maker for the note.

The payee moved for summary judgment supporting the motion with a verified complaint and an affidavit of Brumlik. The verified complaint does not contain allegations relating to the affirmative defense of failure of consideration...

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