ALAN A. LIPTON, APPELLANT,
v.
SOUTHEAST FIRST NATIONAL BANK OF MIAMI, APPELLEE
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The court held that a defendant's signature on an instrument is admitted if not specifically denied in the pleadings.
A bank sued defendants on a promissory note and guarantee. The defendants' answers denied the allegations but did not specifically deny the signatures…
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PER CURIAM.
This is an appeal by one of the defendants below from an adverse summary judgment. The appellee bank filed, an . action against the appellant and Francesca. Lipton and Francesca International, Inc.. Thereby the plaintiff sought recovery against the corporation on a promissory note alleged to have been made and delivered to it by the corporation; and to recover from Alan A. Lipton and Francesca Lipton on a written guarantee thereof alleged to have been executed and delivered by them to the bank; and on a promissory note alleged to have been made and delivered to the bank by Alan Lipton and Francesca Lipton.
The answers of the defendants denied the allegations of the complaint, but did not contain any specific denial of the signatures' on the instruments sued upon. Section 673.307(1) Florida Statutes 1975, provides: “Unless specifically denied in the pleadings each signature on an instrument is admitted”.'
On motion of the plaintiff bank for summary judgment, supported by. the instruments and an affidavit showing the bank to be the holder of the instruments and showing the amounts in default, and an affidavit as to reasonable attorney’s fees, summary judgment was entered in favor of the plaintiff against the defendants as sought in the complaint.
Appealing therefrom Alan Lipton contends the evidence presented by the plaintiff in support of the motion for summary judgment did not establish that Alan Lipton signed the guarantee and the promissory note upon which his name appeared as the maker, and on the basis of which recovery was sought against him. That contention is without merit. No extended discussion is necessary. Since the defensive pleadings did not specifically deny Lipton’s signatures on the instruments, his signatures thereon were admitted by virtue of the above cited and quoted statutory provision, and no issue was presented thereon.
Affirmed.
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Davis v. Timeshare Travel Int'l, Inc., 489 So. 2d 47 (Fla. 2d DCA 1986)…been construed to require more than a general denial. In order to make an issue of the genuineness of a signature, one must plead a specific denial addressed to the appropriate allegations of the other party. Lipton v. Southeast First National Bank, 343 So. 2d 927 (Fla. 3d DCA 1977); Ferris v. Nichols, 245 So. 2d 660 (Fla. 4th DCA 1971). The necessity of having a specific denial is explained in the Uniform Commercial Code Comment to this section which reads in part: The purpose of the requirement of a specif…
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B. C. C., Inc. v. Rozyner, 365 So. 2d 207 (Fla. 3d DCA 1978)…PER CURIAM. Affirmed. See Fla.R.Civ.P. 1.030(d); Orthwein v. Cobbs Fruit & Preserving Company, 229 So. 2d 607 (Fla. 1st DCA 1969), and Fink v. Powsner, 108 So. 2d 324 (Fla. 3d DCA 1958); Lipton v. Southeast First Nat. Bank of Miami, 343 So. 2d 927 (Fla. 3d DCA 1977); Mawi Corp. v. Advance Mortgage Corp., 353 So. 2d 564 (Fla. 3d DCA 1977).…
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Suris v. Tropical Fed. Sav. & Loan Ass'n, 515 So. 2d 1049 (Fla. 3d DCA 1987)…lead an affirmative defense waives the issue, Syncom Corp. v. Bank Leumi Trust Co. of N.Y., 479 So. 2d 207 (Fla. 3d DCA 1985); SAC Constr. Co. v. Eagle Nat’l Bank of Miami, 449 So. 2d 301 (Fla. 3d DCA 1984); see Lipton v. Southeast First Nat’l Bank, 343 So. 2d 927 (Fla. 3d DCA 1977) (forgery must be raised by specific allegation in answer); § 673.307, Fla.Stat. (1985), and mere assertions in an affidavit do not constitute a well-pled defense to a motion for summary judgment, Accurate Metal Finishing Corp. v.…
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