Giovanelli v. First Federal Savings & Loan Ass'n

HAIRE, Presiding Judge,

concurring in part and dissenting in part:

Because in my opinion the record reveals disputed issues of fact (or facts from which conflicting inferences might be drawn) as to appellant’s affirmative defense of payment, I would reverse and remand this matter to the trial court for further proceedings. I therefore concur in the reversal of this matter, and dissent from the majority’s direction that judgment be entered for the appellants.