JAMES KILLGO, APPELLANT,
v.
BERNARD HOFFMAN, APPELLEE
JAMES KILLGO, APPELLANT,
BERNARD HOFFMAN, APPELLEE
320 So. 2d 417
Florida District Court of Appeal, Third District (1975)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Appellant is one of the defendants in an action on a promissory note brought by appellee in the Circuit Court of Dade County. The court granted summary judgment against the appellant as to liability. It is this order that is being appealed.
It is appellant’s contention that the court erred in entering summary judgment as to liability in that the plaintiff-appellee failed to negate the existence of disputed facts on material issues.
We find merit in appellant’s contention and reverse. See Emile v. First National Bank of Miami, Fla.App.1961, 126 So. 2d 305; Harrison v. McCourtney, Fla.App. 1962, 148 So. 2d 53; Underwriters Insurance Company v. Sisung, Fla.App.1965, 174 So. 2d 461.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Conrad FLB Mgmt., LLC v. Diamond Blue Int'l, Inc. (Fla. 3d DCA 2019)…, LLC is liable for Management, LLC’s notes. See Ameril Corp. v. N.Y. Reg’l Rail Corp., 943 So. 2d 264, 264 (Fla. 3d DCA 2006) (reversing summary judgment when questions of fact remain regarding liability under promissory notes); Killgo v. Hoffman, 320 So. 2d 417, 417-18 (Fla. 3d DCA 1975). Appellees also argue that Partnership, LLC should be held liable for Management, LLC’s note because Partnership, LLC accepted the benefits of the loan proceeds – an argument that appellees characterize as a “ratification…
Authorities Cited
- Emile v. First Nat'l Bank OF Miami, 126 So. 2d 305 (Fla. 3d DCA 1961)
- Harrison v. McCOURTNEY, 148 So. 2d 53 (Fla. 2d DCA 1962)
- Underwriters Ins. Co. v. Sisung, 174 So. 2d 461 (Fla. 3d DCA 1965)