FRANK FREEMAN, APPELLANT,
v.
EQUILEASE CORPORATION, ETC., APPELLEE
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The court held that the trial court properly entered summary judgment for the plaintiff because the defendant failed to raise a genuine issue of material fact regarding his affirmative defenses.
Equilease sued Frank Freeman on a note endorsed and guaranteed by him after the primary obligor, Transatlantic Airlines, defaulted. Freeman raised aff…
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PER CURIAM.
Appellant, Frank Freeman, seeks reversal of a final summary judgment entered for Equilease Corporation in this action to recover $28,366.67 due on a note executed by Transatlantic Airlines No. 2, Inc. in favor of Equilease and endorsed and guaranteed by Freeman.
Plaintiff-appellee, Equilease Corporation, filed a complaint against Frank Freeman to recover $28,366.67 due on the subject note after Transatlantic defaulted thereon. Freeman answered and raised as affirmative defenses lack of consideration and usury. He also filed a counterclaim for usury which was dismissed with leave to amend. Equilease established through discovery the execution and genuineness of the note and default and filed a motion for summary judgment. Freeman filed an affidavit in opposition to the motion alleging that the subject note was given to cover a “bonus” payment concerning the financing of an aircraft and this bonus was usurious. After a hearing, the trial court entered summary final judgment for Equilease. We affirm.
The record reflects that the subject note was valid on its face, and execution and default was admitted. Further, Freeman’s counterclaim for usury was dismissed with leave to amend; but Freeman failed to file an amended counterclaim. Last, Freeman’s affidavit in opposition to motion for summary judgment is insufficient since he merely alleged a conclusion of law without any supporting facts. Cf. Sherman v. Weintraub, 132 So. 2d 421 (Fla.3d DCA 1961).
Affirmed.
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Irving W. Landers et ux. v. Adelle L. Milton, 370 So. 2d 368 (Fla. 1979)…o or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories or by further affidavits. See Waldo v. United States Ramie Corp., 74 So. 2d 106 (Fla. 1954); Freeman v. Equilease Corp., 346 So. 2d 619 (Fla.3d DCA 1977); Stewart v. Gore, 314 So. 2d 10 (Fla.2d DCA 1975.) . Holding as we do that the district court erred in shifting to petitioners the burden of proof based on incompetent affidavits, we do not reach the issue framed by the purported…
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Pino v. Lopez, 361 So. 2d 192 (Fla. 3d DCA 1978)…to date” was an accord and satisfaction. Plaintiff’s affidavit in opposition to the motion for summary judgment was insufficient as a matter of law because it alleged conclusions of law without supporting facts. Cf. Freeman v. Equilease Corporation, 346 So. 2d 619 (Fla. 3d DCA 1977); and Sherman v. Weintraub, 132 So. 2d 421 (Fla. 3d DCA 1961). The defendant was entitled to a judgment as a matter of law. See Miller-Dunn Co. v. Green, 154 Fla. 72, 16 So. 2d 637 (1944). Affirmed.…
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Seinfeld v. Commercial Bank & Tr. Co., 405 So. 2d 1039 (Fla. 3d DCA 1981)…e general statements in the affidavit, which are framed in terms only of conclusions of law, do not satisfy that burden. See Falls Poultry Distributing’ Co. v. Canner, 372 So. 2d 129 (Fla.3d DCA 1979) and cases collected; Freeman v. Equilease Corp., 346 So. 2d 619 (Fla.3d DCA 1977). In addition, since as the bank correctly contends, the issue of both “good faith,” see Baraban v. Manatee National Bank of Bradenton, 212 So. 2d 341 (Fla.2d DCA 1968); Frantz v. First National Bank of Anchorage, 584 P. 2d 1125 (Al…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sherman v. Weintraub, 132 So. 2d 421 (Fla. 3d DCA 1961)