Biersack v. Oaks Renting, Inc.

ALTENBERND, Judge.

Horst Biersack appeals a summary final judgment entered in favor of Oaks Rent*440ing, Inc. (Oaks). Oaks obtained the judgment on a promissory note that had been assigned to it by Home America, Inc. Because the parties stipulated for purposes of summary judgment that Oaks was not a holder in due course, we conclude that unresolved issues remain concerning affirmative defenses raised by Mr. Biersack. We reverse the summary final judgment and remand for further proceedings.

In 1983, Mr. Biersack purchased real property in Hillsborough County from Home America, Inc. He paid $272,000…