ASCHI v. CLEARWATER BAY MARINE WAYS, INC.

No. 90-00435.

569 So.2d 1379 (1990)

Habib (Phil) ASCHI and Carol Aschi, Appellants, v. CLEARWATER BAY MARINE WAYS, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Second District.

November 21, 1990.


Attorney(s) appearing for the Case

Frank Quesada, Clearwater, for appellants.

Robert M. Petrillo of Bauer, Mariani, Petrillo & Robinson, Clearwater, for appellee.


LEHAN, Judge.

We reverse the summary judgment in favor of defendant in this suit on an alleged agreement to rescind a sale of a used boat.

The summary judgment was apparently based upon the trial court's conclusion that there was an absence of consideration and mutuality for that agreement. However, we conclude that defendant did not conclusively show the absence of an issue of material fact in that regard. "`[I]f the record raises even the slightest doubt...

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