DANIEL LOPEZ PINO, APPELLANT,
v.
ROBERT A. LOPEZ ET AL., APPELLEES
PER CURIAM.
These appeals are from the same summary final judgment for the defendants. This issue involved was whether a check issued and cashed in “Full and final payment for all goods, services and claims 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.
Cases With Similar Vibessemantic neighbors from the corpus
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Yosvani Gonzalez and Yenisleidy Perez v. Citizens Prop. Ins. Corp., 273 So. 3d 1031 (Fla. 3d DCA 2019)…e does not "set forth such facts as would be admissible in evidence" and therefore cannot be used to defeat summary judgment. Stolzenberg v. Forte Towers S., Inc., 430 So. 2d 558, 559 (Fla. 3d DCA 1983) (quotation omitted). See, e.g., Pino v. Lopez, 361 So. 2d 192, 193 (Fla. 3d DCA 1978) (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.). Along the same lines, the principle that "no weigh…
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Hannah v. James A. Ryder Corp., 380 So. 2d 507 (Fla. 3d DCA 1980)…hat an accord and satisfaction results as a matter of law when an offeree accepts a payment which is tendered only on the express condition that its receipt is to be deemed a complete satisfaction of a disput [*510] ed claim. See also Pino v. Lopez, 361 So. 2d 192 (Fla. 3d DCA 1978), cert. dismissed, 365 So. 2d 714 (Fla.1978). It is also the common law rule3 that when one cashes a check received under such circumstances, he may not avoid the effect of that action—as Hannah attempted to do—by purporting to rec…
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Rudick v. Rudick, 403 So. 2d 1091 (Fla. 3d DCA 1981)…ces and conditions under which appellant received and cashed check established compromise in settlement); Hannah v. James A. Ryder, Corp., supra at 510 (noting common law rule with respect to cashing check purporting to full payment); Pino v. Lopez, 361 So. 2d 192 (Fla. 3d DCA 1978), cert. dismissed, 365 So. 2d 714 (Fla.1978) (check cashed in full and final payment for all goods, services and claims was accord and satisfaction). Cf. McGehee v. Mata, 330 So. 2d 248 (Fla. 3d DCA 1976) (upon cashing defendant’s…
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- Miller-Dunn Co., Inc. v. Green, 154 Fla. 72 (Fla. 1944)
- Sherman v. Weintraub, 132 So. 2d 421 (Fla. 3d DCA 1961)
- Freeman v. Equilease Corp., 346 So. 2d 619 (Fla. 3d DCA 1977)