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Van Meerten v. Andersen

District Court of Appeal of Florida, Fourth District
May 15, 1991
578 So. 2d 909 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-2093.

May 15, 1991.

Appeal from the Circuit Court for St. Lucie County; Rupert J. Smith, Judge.

Robert V. Schwerer of Brennan, Hayskar, Jefferson Gorman, P.A., Fort Pierce, for appellant.

Norman L. Paxton, Jr. of Paxton Williams, Fort Pierce, for appellee.


Drawing inferences in favor of appellant, we reverse a final summary judgment entered in favor of the defendant/counterclaimant. The record reflects genuine issues of fact remaining as to thirteen back payments, for which appellant claims credit to the extent of one thousand four hundred dollars. It cannot be conclusively determined from the documents in the record on appeal that all contested payments were made and applied as alleged by appellee. The judgment is reversed and remanded for further proceedings.

LETTS, DELL and STONE, JJ., concur.


Summaries of

Van Meerten v. Andersen

District Court of Appeal of Florida, Fourth District
May 15, 1991
578 So. 2d 909 (Fla. Dist. Ct. App. 1991)
Case details for

Van Meerten v. Andersen

Case Details

Full title:RAY VAN MEERTEN, APPELLANT, v. WILLIE ANDERSEN, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: May 15, 1991

Citations

578 So. 2d 909 (Fla. Dist. Ct. App. 1991)