FOSTER v. SMITH

No. 91-01890.

595 So.2d 248 (1992)

Alan S. FOSTER, Jr., Appellant, v. Andrew SMITH and Ronald S. Miles, Appellees.

District Court of Appeal of Florida, Second District.

March 4, 1992.


Attorney(s) appearing for the Case

John P. Cardillo and Peter J. Tincher of Monaco, Cardillo & Keith, P.A., Naples, for appellant.

Joseph D. Stewart of Hardt & Stewart, Naples, for appellees.


PATTERSON, Judge.

The appellant, defendant below, challenges his summary judgment as to liability on a promissory note in favor of the appellees, plaintiffs below. The appellant asserts that the trial judge erred in granting summary judgment because material issues of fact exist in three areas: (1) whether the note was created for a "special purpose" as a capital contribution to the corporation; (2) whether there was consideration for the note; and (3) whether the...

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