537 So. 2d 585

Ira M. ELEGANT, as Administrator Ad Litem of Estate of Hy Uchitel, a/k/a Hyman Uchitel, Deceased, Appellant, v. Jack UCHITEL, Appellee.

No. 87-3074.

District Court of Appeal of Florida, Third District.

Sept. 6, 1988.

Buchbinder & Elegant and Carolina A. Echarte, Miami, for appellant.

Frank, Schmitt & Frank and Peter Strel-kow, North Bay Village, for appellee.

Before HUBBART, NESBITT and DANIEL S. PEARSON, JJ.

PER CURIAM.

The administrator ad litem of the estate of Hy Uchitel, a/k/a Hyman Uchitel, deceased, challenges so much of a summary final judgment which awarded the plaintiff, Jack Uchitel, recovery of the sum of $353,-000 sought in paragraphs 4(d) and 4(e) of his complaint.1 Although, as the administrator concedes, the record reflects that the plaintiff paid off debts that had been incurred by the decedent, proof of such payments does not establish that the moneys paid by the plaintiff constituted loans to the decedent. Stebnow v. Goss, 165 So.2d 251 (Fla. 2d DCA 1964). Accordingly, because there exists a genuine issue of material fact as to whether the payments by the plaintiff to the decedent were loans, the summary final judgment under review is reversed.

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.

Elegant v. Uchitel
537 So. 2d 585

Case Details

Name
Elegant v. Uchitel
Decision Date
Sep 6, 1988
Citations

537 So. 2d 585

Jurisdiction
Florida

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