Schneider v. Slichter

Summary

The Florida appellate court reversed a summary judgment in favor of the sellers in a dispute involving alleged bad checks tendered to purchase a business. The court held that conflicting affidavits and bank records created genuine issues of material fact concerning whether the accounts contained sufficient funds and whether the checks were presented before a stop-payment order was issued.

Holdings

1. Summary judgment was improper because genuine issues of material fact existed regarding whether Schneider's accounts contained sufficient funds and whether Slichter presented the checks for collection before Schneider issued the stop-payment order.

Questions Presented

1. Whether summary judgment was proper when the affidavits and bank records created a genuine issue of material fact regarding whether sufficient funds existed in Schneider's accounts.
2. Whether summary judgment was proper when the record disputed whether Slichter presented the checks for collection before Schneider issued a stop-payment order.
3. Whether the evidence established the statutory bad-check claim under section 68.065, Florida Statutes, as a matter of law.

Disposition

reversed