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Genesis 12 v. Swindle

District Court of Appeal of Florida, Second District
Aug 7, 1991
583 So. 2d 435 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-03481.

August 7, 1991.

Appeal from the Circuit Court for Hillsborough County; James D. Whittemore, Judge.

Stephen L. Evans, Plant City, for appellants.

James S. Moody, Jr. and Daniel M. Coton of Trinkle, Redman, Moody, Swanson Byrd, P.A., Plant City, for appellees.


Defendants appeal the trial court's summary judgment in favor of plaintiffs in this suit for money owed under a contract. We reverse because under the principles applicable to summary judgment proceedings there is a question of fact as to when payment was due under the contract. That question is determinative of whether the statute of limitations, which defendants have pleaded, ran.

Reversed and remanded for proceedings consistent herewith.

DANAHY, A.C.J., and LEHAN and PATTERSON, JJ., concur.


Summaries of

Genesis 12 v. Swindle

District Court of Appeal of Florida, Second District
Aug 7, 1991
583 So. 2d 435 (Fla. Dist. Ct. App. 1991)
Case details for

Genesis 12 v. Swindle

Case Details

Full title:GENESIS 12, A PARTNERSHIP COMPRISED OF A. FORD MADISON, ANDREW SORELLE…

Court:District Court of Appeal of Florida, Second District

Date published: Aug 7, 1991

Citations

583 So. 2d 435 (Fla. Dist. Ct. App. 1991)