Opinion
No. 76-950.
March 25, 1977.
Appeal from the Circuit Court for Orange County; Frederick Pfeiffer, Judge.
A.J. Stanton, Jr., of Colling Stanton, Orlando, for appellant.
Robert D. Gatton, of Johnson, Motsinger, Trismen Sharp, Orlando, for appellee.
We have reviewed the briefs in this cause, together with the record, and conclude that the entry of a summary final judgment for the appellee on Count I of its complaint and on appellant's counterclaim was improper since it appears there is a genuine issue of material fact involved in Count I and in the counterclaim as to whether the note in question was a note payable on demand or payable in installments.
Since the appellant conceded the propriety of the judgment as to Count II of appellee's complaint, we affirm the judgment on appeal insofar as that judgment concerns Count II. However, for the reasons given above, we reverse that judgment insofar as it concerns (a) appellee's Count I and (b) appellant's counterclaim and remand the cause for further proceedings.
AFFIRMED IN PART; REVERSED IN PART; and remanded.
CROSS and LETTS, JJ., concur.