GENESIS 12 v. SWINDLE

No. 90-03481.

583 So.2d 435 (1991)

GENESIS 12, a partnership comprised of A. Ford Madison, Andrew Sorelle, and Larry Napier, co-partners, and A. Ford Madison, Individually, Andrew Sorelle, Individually, and Larry Napier, Individually, Appellants, v. Edward SWINDLE and Leo Gillman, as Joint Venturers d/b/a S & G, and Asher Venture, a Florida General Partnership, Appellees.

District Court of Appeal of Florida, Second District.

August 7, 1991.


Attorney(s) appearing for the Case

Stephen L. Evans, Plant City, for appellants.

James S. Moody, Jr. and Daniel M. Coton of Trinkle, Redman, Moody, Swanson & Byrd, P.A., Plant City, for appellees.


PER CURIAM.

Defendants appeal the trial court's summary judgment in favor of plaintiffs in this suit for money owed under a contract. We reverse because under the principles applicable to summary judgment proceedings there is a question of fact as to when payment was due under the contract. That question is determinative of whether the statute of limitations, which defendants have pleaded, ran.

Reversed and remanded for proceedings consistent herewith.

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