WAYNE STEINBERG AND GOLDA STEINBERG, HIS WIFE, APPELLANTS,
v.
CHARLES SALES CORP., A FLORIDA CORPORATION, APPELLEE
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PER CURIAM.
The appellants were alleged to be the guarantors of the debt of a corporation. They were sued by the appellee and filed affirmative defenses. After the filing of affidavits and the deposition of one of the defendants, the trial judge entered a summary final judgment for the plaintiff.
On this appeal the defendants claim that there is a genuine issue of material fact raised by their defense alleging that the instrument sued upon was not intended by the parties to be a personal guarantee by the defendants of the corporation’s debts. We hold that the claimed defense when supported by every reasonable inference is not clearly shown to be without merit. See Chereton v. Armstrong Rubber Company, Fla. 1956, 87 So. 2d 579.
We agree that no^ issue appears upon the remaining defense.
Affirmed in part, reversed in part and remanded.
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Citator
Cited By
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Charles Sales Corp. v. Steinberg, 308 So. 2d 116 (Fla. 1975)…Certiorari denied. 296 So. 2d 601. ADKINS, C. J., and ROBERTS, Mc-CAIN, DEKLE and OVERTON, JJ., concur.…
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Fla. Serv. Network, Inc. v. Brickellbanc Sav. Ass'n, 502 So. 2d 1013 (Fla. 3d DCA 1987)…for Partial Summary-Judgment and the Order Denying Motion for Rehearing and remand the cause to the trial court for further proceedings. O’Neal v. Brady, 476 So. 2d 294 (Fla. 3d DCA 1985); Fla.R.Civ.P. 1.510(c); see Steinberg v. Charles Sales Corp., 296 So. 2d 601 (Fla. 3d DCA 1974), cert. denied, 308 So. 2d 116 (Fla.1975); Fernandez v. Cunningham, 268 So. 2d 166 (Fla. 3d DCA 1972); Emile v. First Nat’l Bank, 126 So. 2d 305 (Fla. 3d DCA 1961). Reversed and remanded.…
Authorities Cited
- Chereton v. Armstrong Rubber Co., 87 So. 2d 579 (Fla. 1956)