JOSE V. SILVA AND ALMA E. SILVA, APPELLANTS,
v.
SERAFIN HERNANDEZ, APPELLEE
JOSE V. SILVA AND ALMA E. SILVA, APPELLANTS,
SERAFIN HERNANDEZ, APPELLEE
616 So. 2d 195
Florida District Court of Appeal, Third District (1993)
Opinion of the Court
PER CURIAM.
We revisit this cause upon remand from the Florida Supreme Court. Silva v. Hernandez, 612 So. 2d 1377 (Fla.1993). Pursuant to the court’s directive, we have considered Silva’s affidavit as timely filed. The record demonstrates that Hernandez has failed to rebut Silva’s legally sufficient affirmative defense: genuine issues of material fact remain unresolved. Duke v. Reed, 396 So. 2d 1218 (Fla. 3d DCA 1981). See Haven Fed. Sav. & Loan Ass’n v. Kirian, 579 So. 2d 730, 733 (Fla.1991). Accordingly, the trial court erred in entering summary judgment. We, therefore, reverse the summary judgment and remand for further proceedings.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Vamper, 579 So. 2d 730 (Fla. 1991)
- Haven Fed. Sav. & Loan Ass'n v. Kirian, 579 So. 2d 730 (Fla. 1991)
- Duke v. Reed, 396 So. 2d 1218 (Fla. 3d DCA 1981)
- Jose v. Silva, 612 So. 2d 1377 (Fla. 1993)