Francel v. Gries Investment Fund, LLC, 36 Fla. L. Wkly. D256 (Fla. 2d DCA Feb. 2, 2011)

Parties to lawsuit had executed a stock buyback agreement, which the defendant had refused to perform. The Plaintiff moved for Summary Judgment pursuant to Rule 1.510 and the defendant submitted affidavits in opposition to the motion. The Motion for Summary Judgment was granted and the Defendant appealed. The Second District Court of Appeal overturned the trial court’s decision. finding that the affidavits submitted created an issue of material fact as to one or more of the affirmative defenses raised by the Defendant.

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