Legal Opinion

Lambert v. Weeks

District Court of Appeal of Florida

Decided December 28, 1989No. 88-3142Published

1Per curiam

William Lambert appeals a summary final judgment finding him liable for nonpayment of a promissory note. His defense below was, inter alia, lack of consideration.

*1164One moving for a summary judgment must demonstrate that there is no genuine issue as to any material fact. Wells v. Wilkerson, 391 So.2d 266 (Fla. 4th DCA 1980). “A material fact is one essential to the result that is placed in controversy by the pleadings and affidavits.” Id. at 267. “It is well established that summary final judgment is appropriate only where each affirmative defense has been conclusively refuted on the record.”…

2Cases cited5 opinions

  1. Wagner v. BonucelliDistrict Court of Appeal of Florida · 1970
  2. Pandol Bros., Inc. v. NCNB NAT. BANK OF FLA.District Court of Appeal of Florida · 1984
  3. Wells v. WilkersonDistrict Court of Appeal of Florida · 1980
  4. Windle v. SeboldDistrict Court of Appeal of Florida · 1970
  5. Charron v. Coachmen Industries, Inc.District Court of Appeal of Florida · 1982

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