SAMUEL C. CAMPAGNA, HELEN CAMPAGNA, MICHAEL P. CAMPAGNA, KAREN J. CAMPAGNA, TIMOTHY CAMPAGNA AND LORRAINE GAIL CAMPAGNA, APPELLANTS,
v.
HENRY L. DICUS, TRUSTEE, AND NORMAN RUBIN, APPELLEES

Fla. 2d DCA | 1992-11-06
No. 92-00132
SCHOONOVER, A.C.J., and HALL, J., concur.
606 So. 2d 1278 Florida District Court of Appeal, Second District (1992) Positive Treatment
Cited by 5 cases
Topics
Burden Of Proof In Summary Judgment Affirmative Defense Burden Of Proof Summary Judgment

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Opinion of the Court
BLUE, Judge.

BLUE, Judge.

In these consolidated actions based on a default of a promissory note, the defendants, Samuel C. Campagna, Helen Cam-pagna, Michael P. Campagna, Karen J. Campagna, Timothy Campagna, and Lorraine Gail Campagna, appeal the final summary judgment entered in favor of the plaintiffs below, Henry L. Dicus, trustee, and Norman Rubin. We reverse because the plaintiffs did not disprove a number of the defendants' affirmative defenses or establish their legal insufficiency. Howdeshell v. First Nat’l Bank of Clearwater, 369 So. 2d 432 (Fla. 2d DCA 1979).

At the hearing on their motions for summary judgment, the plaintiffs generally argued that the affidavits of indebtedness disproved the affirmative defenses. The affidavits supported only the allegations in the complaints and failed to address all the defenses. The plaintiffs also failed to demonstrate the legal insufficiency of the defenses. We conclude the plaintiffs did not meet their burden. Accordingly, we reverse the final summary judgment and remand this case for further proceedings consistent with this opinion.

SCHOONOVER, A.C.J., and HALL, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Stop & Shoppe Mart, Inc. v. Zahra Mehdi, 854 So. 2d 784 (Fla. 5th DCA 2003)
    …e affidavit in support of summary judgment only supports the allegations of the complaint and does not address the affirmative defenses, the burden of disproving the affirmative defenses has not been met. See, e.g., Elkins, supra; Campagna v. Dicus, 606 So. 2d 1278 (Fla. 2d DCA 1992); Emile v. First Nat'l Bank [*787] of Miami, 126 So. 2d 305 (Fla. 3d DCA 1961). Here, Mehdi has merely denied the affirmative defenses and has not conclusively proven the non-existence of a genuine issue of material fact; that is,…
  • Bakst v. Fed. Deposit Ins. Corp., 617 So. 2d 402 (Fla. 3d DCA 1993)
    …p., as receiver of First American Bank and Trust [FDIC]. The affidavit of indebtedness failed to disprove the affirmative defenses raised by the defendant and FDIC failed to demonstrate the legal insufficiency of the defenses. See Campagna v. Dicus, 606 So. 2d 1278 (Fla. 2d DCA 1992). Therefore, FDIC is not entitled to a summary judgment. Johnson & Kirby, Inc. v. Citizens Nat’l Bank of Fort Lauderdale, 338 So. 2d 905 (Fla. 3d DCA 1976); Underwriters Ins. Co. v. Sisung, 174 So. 2d 461 (Fla. 3d DCA 1965). More…
  • Ribas v. State, 641 So. 2d 492 (Fla. 2d DCA 1994)
    …ences of 25 years’ imprisonment on each count. This court reversed the sentences on November 6, 1992, because the trial court’s reasons for departure were invalid. We remanded for resentencing within the recommended guidelines range. Ribas v. State, 606 So. 2d 1278 (Fla. 2d DCA 1992). On remand, the trial court allocated 259 points for the primary offense category, which established a recommended range of 5½ to 7 years’ imprisonment. The state sought victim injury points because the defendant “fondled” the vi…

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