CARLOS GOMEZ AND PAULINA GOMEZ, APPELLANTS,
v.
AMERICAN SAVINGS AND LOAN ASSOCIATION, APPELLEE
CARLOS GOMEZ AND PAULINA GOMEZ, APPELLANTS,
AMERICAN SAVINGS AND LOAN ASSOCIATION, APPELLEE
515 So. 2d 301
Florida District Court of Appeal, Fourth District (1987)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
It was error to enter summary judgment in favor of plaintiff, American Savings and Loan Association, because there were disputed and unresolved questions of material fact which prevented entry of judgment as a matter of law. Fla.R.Civ.P. 1.510(c). For instance, there was an issue as to whether American gave written notice of appellants’ breach of the mortgage agreement as provided in paragraph eighteen thereof, F.A. Chastain Construction, Inc. v. Pratt, 146 So. 2d 910, 913 (Fla. 3d DCA 1962), and there were unresolved issues as concerns appellants’ affirmative defenses. Pandol Brothers, Inc. v. NCNB National Bank of Florida, 450 So. 2d 592, 594 (Fla. 4th DCA 1984).
REVERSED.
DOWNEY, DELL and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Heuser v. Sunbelt Enters., Inc., 537 So. 2d 1071 (Fla. 1st DCA 1989)…n a contract dispute is under a contractual duty to provide notice to an adversary, the existence of unresolved factual issues concerning the compliance with notice requirement precludes summary judgment. See Gomez v. American Savings & Loan Assoc., 515 So. 2d 301 (Fla. 4th DCA 1987). The evidence in this case indicates that appellee provided no notice to Heuser prior to terminating the contract, and failed to allow him to cure any deficiency in performance as agreed upon under the terms of the contract. We f…
Authorities Cited
- F. A. Chastain Constr., Inc. v. Pratt, 146 So. 2d 910 (Fla. 3d DCA 1962)
- Pandol Bros., Inc. v. NCNB Nat'l Bank OF Fla., 450 So. 2d 592 (Fla. 4th DCA 1984)