Browd v. Central Bank of North Dade

Full title: RUDOLPH BROWD ET AL., APPELLANTS, v. CENTRAL BANK OF NORTH DADE, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Apr 21, 1978

356 So. 2d 1273 (Fla. Dist. Ct. App. 1978)

Opinion

Nos. 77-282 and 77-489.

March 7, 1978. Rehearing Denied April 21, 1978.

Appeals from the Circuit Court for Dade County; Harold R. Vann, Judge.

McCain Browd, Miami, for appellants.

Pallot, Poppell, Goodman Slotnick and Neil A. Shanzer, Miami, for appellee.

Before HAVERFIELD, C.J., and NATHAN and HUBBART, JJ.

PER CURIAM.

The final summary judgment appealed from is reversed and the cause remanded for further proceedings. In our view, affidavits presented to the trial court on the motion for summary judgment create a genuine issue of material fact as to whether novation occurred in this case. Murphy v. Green, 102 Fla. 102, 135 So. 531 (1931); Holl v. Talcott, 191 So.2d 40 (Fla. 1966); Amoedo v. Socarras, 311 So.2d 830 (Fla.3d DCA 1975).