DAVID W. SWOR, APPELLANT,
v.
KUMPOL DENNISON, M.D., SIRAJ HUSSAIN, M.D., SIRILUCK SOODJINDA, JOSE R. REBLANDO, M.R., CHAIRAT KULSAKDINUM, M.D., SUNTHORN BUNAVIROCH, AHMED FAROUK AZAM, M.D., GRACE S.Y. CHENG, M.D., AND DIREK BOONSOPON, M.D., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
David Swor appeals a summary judgment holding him responsible for an unpaid promissory note signed as a general partner of a limited partnership. The court reverses because a recorded satisfaction of mortgage that purports to satisfy the note creates a disputed issue of material fact, making summary judgment improper.
The court held that the clear language of the recorded satisfaction is not nullified by Santini's affidavit asserting contrary intent, and the affidavit does not sufficiently eliminate the material factual dispute regarding whether the note was satisfied. Therefore, summary judgment was improperly granted and must be reversed.
[1] A satisfaction of mortgage that purports to satisfy a promissory note raises a disputed issue of material fact regarding whether the note has been satisfied.
[2] An affidavit asserting a contrary intent to a recorded satisfaction of mortgage does not nullify the clear language of the satisfaction for purposes of summary judgment.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We conclude that the clear language of the recorded satisfaction, appearing to satisfy both the note and the mortgage, is not nullified by an affidavit asserting a contrary intent.”
Establishes that the recorded document's plain language controls and cannot be contradicted by a later affidavit regarding intent.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSwor and John Santini were general partners of Pelican Creek, Ltd., and signed a promissory note and mortgage delivered to Pine Island Center, Ltd. in…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Promissory Note Liability cases and more on FLexlaw
BLUE, Judge.
David W. Swor appeals from the entry of an adverse summary judgment finding him responsible for the unpaid balance of a promissory note which he signed in his capacity as a general partner of a limited partnership. Because the record contains a satisfaction of mortgage which purports to satisfy the promissory note, we determine that disputed issues of fact remain. Therefore, summary judgment was improperly granted and we reverse.
Swor is one of the parties to complex and ongoing litigation revolving around two limited partnerships: Pelican Creek, Ltd. (Pelican) and Pine Island Center, Ltd. (Pine Island). Swor, as one of Pelican’s general partners, signed a mortgage and promissory note which was delivered to Pine Island as part of a land transaction. John Santini, the second general partner of Pelican who executed the note and mortgage, was at the same time one of Pine Island’s general partners.
In 1983, two years after the signing of the note and mortgage, Swor resigned and withdrew as a partner in Pelican. In 1989, Pelican transferred the land subject to the note and mortgage to Santini individually. At the same time, Pine Island executed a satisfaction of the mortgage it held. Both actions were accomplished by Santini: the transfer of land in his capacity as the remaining Pelican general partner and the satisfaction of mortgage in his capacity as a Pine Island general partner. The satisfaction purported to satisfy the note as well as the mortgage. After this litigation began, Santini signed an affidavit stating that although he signed the satisfaction of mortgage, it was done without the intent to satisfy “the obligation or promissory note.”
We conclude that the clear language of the recorded satisfaction, appearing to satisfy both the note and the mortgage, is not nullified by an affidavit asserting a contrary intent. Certainly the affidavit does not sufficiently demonstrate the absence of an issue of material fact regarding whether the note had been satisfied. “[I]f the record raises even the slightest doubt that an issue [of material fact] might exist, summary judgment is improper.” Snyder v. Cheezem Dev. Corp., 373 So. 2d 719, 720 (Fla.2d DCA 1979). Because the record presents a disputed issue of material fact, we reverse the summary judgment.
Swor also contends the trial court erred in denying his motion to dismiss because the plaintiffs lacked standing to sue individually. Based on the allegations and specific facts in this record, we conclude this was not error and affirm the trial court’s decision on this issue.
Accordingly, we affirm in part but reverse the summary judgment and remand to the trial court for further proceedings consistent with this opinion.
THREADGILL, A.C.J., and PATTERSON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Watkins DRY Wall, Inc. v. Drummond Court Corp., 373 So. 2d 719 (Fla. 3d DCA 1979)
- Snyder v. Cheezem Dev. Corp., 373 So. 2d 719 (Fla. 2d DCA 1979)