Baggett v. Clark

# COHEN, J.

Gordon Baggett Jr. appeals a final partial summary judgment entered in favor of Kyle Clark • on Clark’s claim for treble damages under Florida’s civil worthless check statute.1 Baggett argues that the trial court erred in entering summary judgment because issues of fact existed regarding his affirmative defenses of setoff and lack of intent to defraud. Because we agree that the question of whether Bag-gett had the requisite intent to defraud created an issue of fact, we hold that summary judgment was inappropriate and reverse.

Baggett, who operated a fishing guide service, entered…