Casa Marina Hotel Co. v. Barnes

PEARSON, Judge.

Plaintiff, appellant herein, filed its complaint in the trial court to recover $9,234.-11, which amount represented interest paid to appellee, the payment of which it was alleged appellee had orally agreed to waive and did not waive. The appeal is from a summary judgment for the defendant-ap-pellee. The pleadings, depositions on file and affidavits show certain issues of fact. However, those issues were not material to a determination of the cause. Even resolving those issues of fact in plaintiff’s favor, the defendant would still be entitled to the judgment as a matter of law.

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