From Casetext: Smarter Legal Research

Schraw v. Estate of Hester

District Court of Appeal of Florida, Fifth District
Feb 4, 2000
751 So. 2d 165 (Fla. Dist. Ct. App. 2000)

Opinion

No. 5D99-969.

Opinion filed February 4, 2000.

Appeal from the Circuit Court for Orange County, W. Rogers Turner, Judge.

Carla L. Brown Harward of Law Offices of Carla L. Brown, West Palm Beach, for Appellants.

Richard M. Carnell, Jr., Ft. Pierce, for Appellees.


This is an appeal from a summary final judgment in a promissory note case. Because there is a genuine issue of material fact, the delivery of the note to the payee, a trial must be conducted to resolve the issue. See McClure v. Montgomery, 556 So.2d 759 (Fla. 1st DCA 1990); Thomson v. Parrish, 221 So.2d 770 (Fla. 3d DCA 1969); Evans v. United Ben. Fire Ins. Co. of Omaha, Neb., 192 So.2d 87 (Fla. 2d DCA 1966). See also First Nat. Entertainment Corp. v. Brumlik, 531 So.2d 403 (Fla. 5th DCA 1988).

REVERSED and REMANDED.

HARRIS and THOMPSON, JJ., concur.


Summaries of

Schraw v. Estate of Hester

District Court of Appeal of Florida, Fifth District
Feb 4, 2000
751 So. 2d 165 (Fla. Dist. Ct. App. 2000)
Case details for

Schraw v. Estate of Hester

Case Details

Full title:KENNETH W. SCHRAW, et al., Appellants, v. ESTATE OF ROBERT J. HESTER, III…

Court:District Court of Appeal of Florida, Fifth District

Date published: Feb 4, 2000

Citations

751 So. 2d 165 (Fla. Dist. Ct. App. 2000)