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390 So. 2d 115

Drury v. Seeley

District Court of Appeal of Florida

Decided November 12, 1980

District Court of Appeal of Florida · decided 1980-11-12

Cited by 2 later decisions — most recently October 1998

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1980-11-12

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PER CURIAM.

¶1This matter is before us to review a final summary judgment entered against the appellant on a claim arising out of a corporate debt and an order dismissing with prejudice appellant’s counterclaim. We find no error in the dismissal of the counterclaim. However, although there is substantial evidence in the record to support the summary judgment, there is also competent evidence controverting the claim against the appellant. Under such circumstances we believe it was error to enter summary judgment.

¶2Accordingly, the final summary judgment is reversed with directions for further proceedings in accord herewith.

LETTS, C. J., and ANSTEAD and HERSEY, JJ., concur.
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