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William Deleo v. Frank Spero

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eBook details

  • Title: William Deleo v. Frank Spero
  • Author : Court of Appeal of Florida
  • Release Date : January 09, 1990
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

Per Curiam. Reversed. There are material issues of fact regarding the affirmative defenses raised by appellants precluding the summary judgment granted by the trial court, which include: (1) whether the promissory note in question was a renewal note; (2) even if it were, whether the appellants could still assert a claim of lack of consideration on the grounds that they could not have discovered this defense with due diligence prior to signing the renewal note; see Hurner v. Mutual Bankers Corporation, 191 So. 831 (Fla. 1939); and (3) whether the note was signed under duress by appellants. Associated Housing Corp. v. Keller Bldg. Products of Jacksonville, Inc., 335 So.2d 362 (Fla. 1st DCA 1976).


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