WITTS v. CORTMAN

No. 92-03030.

620 So.2d 197 (1993)

David WITTS and Helen Witts, Appellants, v. Michael CORTMAN and JMD Cort, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 28, 1993.


Attorney(s) appearing for the Case

David Witts and Helen Witts, pro se.

Jerome S. Levin, of Sarasota, for appellees.


PARKER, Judge.

David and Helen Witts (Witts) appeal a final summary judgment entered in favor of Michael Cortman and JMD Cort, Inc., (Cortman) in this contract case. We reverse because Cortman failed to disprove any of the affirmative defenses raised by the Witts, nor did Cortman establish the legal insufficiency of the affirmative defenses.

On July 10, 1991, the Witts and Cortman entered into an "Asset Purchase Agreement and a Promissory Note" for the purchase...

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