ROBERT E. DRURY, APPELLANT,
v.
ALVIN W. SEELEY AND LAS PALMAS, LTD., A BAHAMIAN CORPORATION, APPELLEES

Fla. 4th DCA | 1980-11-12
No. 78-422
LETTS, C. J., and ANSTEAD and HERSEY, JJ., concur.
390 So. 2d 115 Florida District Court of Appeal, Fourth District (1980) Negative Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

This matter is before us to review a final summary judgment entered against the appellant on a claim arising out of a corporate debt and an order dismissing with prejudice appellant’s counterclaim. We find no error in the dismissal of the counterclaim. However, although there is substantial evidence in the record to support the summary judgment, there is also competent evidence controverting the claim against the appellant. Under such circumstances we believe it was error to enter summary judgment.

Accordingly, the final summary judgment is reversed with directions for further proceedings in accord herewith.

LETTS, C. J., and ANSTEAD and HERSEY, JJ., concur.

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