Brown v. Aquilino

Steele Hays, Judge.

Appellant, James Edwin Brown, is appealing from the decision of the trial court granting appellee’s motion for summary judgment. Appellee, Brenda Aquilino, had filed a complaint against Brown contending that he had defaulted on his payments on a promissory note. Brown asserted numerous defenses to the action; i.e., lack of consideration, fraud in the execution, exclusiveness of remedy, breach of contract, frustration of purpose of the contract and impossibility of performance.

A hearing was held on the motion for summary judgment and the parties were given leave to file…