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YOB v. DE FRANCO

No. 92-03635.

627 So.2d 75 (1993)

Jon A. YOB, individually and as trustee, and Universal Auto Wreckers, Inc., a Delaware Corporation, Appellants, v. Lee DE FRANCO and Martha De Franco, his wife, Appellees.

District Court of Appeal of Florida, Second District.

November 19, 1993.

Attorney(s) appearing for the Case

Wendolyn S. Busch and John D. Goldsmith of Trenam, Simmons, Kemker, Scharf, Barkin, Frye & O'Neill, Tampa, for appellants.

No appearance for appellees.

DANAHY, Acting Chief Judge.

We reverse the summary judgment granted in this action on a promissory note and mortgage because the appellants (plaintiffs in the trial court) have not shown the absence of a material issue of fact or that the affirmative defenses raised are legally insufficient. See Howdeshell v. First National Bank, 369 So.2d 432 (Fla. 2d DCA 1979); Sandlin v. McKinney-Green, Inc., 453...

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