Vichaikul v. S.C.A.C. Enterprises, Inc.

RYDER, Acting Chief Judge.

Nisa Vichaikul questions the trial court’s order granting the appellee’s motion for summary judgment on its complaint and on Vichaikul’s counterclaim. We hold that summary final judgment was improper: genuine issues of material fact remain unresolved. Moore v. Morris, 475 So.2d 666 (Fla.1985); Holl v. Talcott, 191 So.2d 40 (Fla.1966).

We agree with appellant that a failure of consideration is a defense to the contract. Howdeskell v. First National Bank of Clearwater, 369 So.2d 432 (Fla. 2d DCA 1979). The affirmative defense of fraud is usually considered a jury…