JOSE R. MONTIEL, APPELLANT,
v.
MARIO TREVILLA, APPELLEE

Fla. 3d DCA | 1997-01-02
No. 96-972
Before NESBITT, GODERICH and GREEN, JJ.
687 So. 2d 849 Florida District Court of Appeal, Third District (1997) Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.

PER CURIAM.

After carefully reviewing the record in the underlying suit on a promissory note, we find that the trial court properly entered summary judgment in favor of the plaintiff as to liability where there were no genuine issues of material fact remaining and the moving party was entitled to summary judgment as a matter of law. Fla. R. Civ. P. 1.510(c). However, as to damages, we find that the plaintiff’s verified motion for summary judgment and the defendant’s affidavit conflict as to the amount that was due and owing. Therefore, the trial court erred in awarding the plaintiff the sum of $32,844.31 plus prejudgment interest. On remand, the parties should present evidence to the trial court of the amounts due and owing.

Affirmed, in part; reversed, in part, and remanded.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Gautreaux v. Greenman, 719 So. 2d 1261 (Fla. 3d DCA 1998)
    …which was confirmed by letter shortly thereafter. The $7,000 check, which Greenman deposited in his firm’s account, was thus, in effect, to serve as a supersedeas to await the outcome of the appeal. This court’s opinion in Gautreaux v. Notarantonio, 687 So. 2d 849 (Fla. 3d DCA 1997), and an accompanying unreported clerk’s order generally rejected the Gautreauxs’ contentions on the merits. We did, however, uphold their position that they were not liable for attorney’s fees. Accordingly, after the mandate was i…

Full citator, related cases, and AI research tools

Open in FLexlaw