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Canny v. Michael Saunders Co., Inc.

District Court of Appeal of Florida, Second District
May 19, 1989
543 So. 2d 433 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-01890.

May 19, 1989.

Appeal from the Circuit Court, Sarasota County, Grissim H. Walker, J.

Daniel Joy of Joy Gause, Sarasota, for appellant/cross-appellee.

Peter M. de Manio and Nancy K. Donnellan of de Manio Young, P.A., Sarasota, for appellee/cross-appellant.


The appellant brought this action against the appellee, his former employer, for breach of the employment contract. The appellee pled accord and satisfaction as an affirmative defense. In a subsequent motion for summary judgment, the appellee asserted that its defense of accord and satisfaction was established as a matter of law. The trial judge granted the motion for summary judgment and entered final judgment for the appellee. The appellant challenges that final judgment on this appeal and the appellee cross-appeals from the denial of its motion for attorney's fees under section 57.105, Florida Statutes (1987). We reverse the final judgment for the appellee but find no merit in the cross-appeal and affirm on that issue.

After reviewing the depositions, affidavits and exhibits in the record, we have concluded that the question whether there was an accord and satisfaction between these parties is a question of fact which should be submitted to a jury. See Brewer v. Northgate of Orlando, Inc., 143 So.2d 358 (Fla. 2d DCA 1962); J.A. Cantor Assocs. v. Blume, 106 So.2d 603 (Fla. 3d DCA 1958). Accordingly, we reverse the final judgment for the appellee and remand for further proceedings.

SCHOONOVER and PARKER, JJ., concur.


Summaries of

Canny v. Michael Saunders Co., Inc.

District Court of Appeal of Florida, Second District
May 19, 1989
543 So. 2d 433 (Fla. Dist. Ct. App. 1989)
Case details for

Canny v. Michael Saunders Co., Inc.

Case Details

Full title:JAMES J. CANNY, APPELLANT/CROSS-APPELLEE, v. MICHAEL SAUNDERS COMPANY…

Court:District Court of Appeal of Florida, Second District

Date published: May 19, 1989

Citations

543 So. 2d 433 (Fla. Dist. Ct. App. 1989)

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