Summary
holding that a check issued and cashed in "Full and final payment for all goods, services and claims to date" was an accord and satisfaction as a matter of law
Summary of this case from Constr. Consulting v. The Dist. Bd. of Broward Coll.Opinion
Nos. 77-1847, 77-2231.
July 5, 1978. Rehearings Denied August 25, 1978.
Appeal from the Circuit Court, Dade County, Ralph B. Ferguson, Jr., J.
Heller Kaplan and Seymour Kaplan, Miami, for appellant.
Sinclair, Louis, Siegel Heath and Bayard E. Heath, Miami, for appellees.
Before PEARSON, HUBBART and KEHOE, JJ.
These appeals are from the same summary final judgment for the defendants. This issue involved was whether a check issued and cashed in "Full and final payment for all goods, services and claims to date" was an accord and satisfaction. Plaintiff's affidavit in opposition to the motion for summary judgment was insufficient as a matter of law because it alleged conclusions of law without supporting facts. Cf. Freeman v. Equilease Corporation, 346 So.2d 619 (Fla. 3d DCA 1977); and Sherman v. Weintraub, 132 So.2d 421 (Fla. 3d DCA 1961). The defendant was entitled to a judgment as a matter of law. See Miller-Dunn Co. v. Green, 154 Fla. 72, 16 So.2d 637 (1944).
Affirmed.