MARTIN v. LACERTOSA

No. 88-2487.

545 So.2d 526 (1989)

Cleason MARTIN, Appellant, v. Domenick LACERTOSA and S & J Land Development, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

July 7, 1989.


Attorney(s) appearing for the Case

John W. Case, Fort Lauderdale, for appellant.

Robert J. Moraitis, Fort Lauderdale, for appellee-Lacertosa.


PER CURIAM.

The final summary judgment in favor of appellees is reversed. When a plaintiff moves for summary judgment, it is his burden to rebut through affidavits, the affirmative defenses raised by the defendant. Plaintiffs failed to offer affidavits rebutting the affirmative defense of lack of consideration for the note raised in this case. Thus, the trial court erred in granting summary judgment in favor of appellees. First National Entertainment Corp. v. Brumlik...

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