Fox v. Perry

VANN, Associate Judge.

This appeal, arising out of a complaint seeking damages on a promissory note, comes to us from (1) an order of the Dade County Circuit Court granting a final summary judgment to the defendants and (2) an order (of another judge of that court) deferring a ruling on the plaintiffs’ motion to amend their complaint. Because numerous, genuine issues of material fact yet remain, the final summary judgment must be reversed.

The plaintiffs (Morris and Jean Fox) had certain business dealings with the defendants (Phil and Therese Perry) and Harold and Lois Pomerantz1 mainly…