Foster v. Weber

I respectfully dissent. In my view, ap-pellees (the Webers) were not entitled to final summary judgment because they failed to overcome by affidavit or otherwise, appellant’s (Foster’s) defense of usury, which he raised as an affirmative defense, and which he supported with two affidavits filed in opposition to the summary judgment motion. The Webers filed the motion for summary judgment, and they, not Foster, had the burden of showing there was no material issue of law or fact as to their right to prevail against any defense raised by Foster.

The Webers sued Foster and three other individuals…