Western argues it was error to grant summary judgment without receiving testimonial evidence regarding the parties' intent. Metropolitan Life Ins. Moreover, to avoid summary judgment, Western has the burden of producing evidence sufficient to establish a genuine issue of material fact concerning the parties' intent. No such evidence appears in the record. Western's argument fails.
Statutes of limitation are procedural in nature.
In conflict of laws situations, matters of procedure are usually considered to be subject to the law of the forum. Chilson argued that Florida law provided the governing statute of limitations. Although basing its decision in the case on other grounds, the court noted in passing that Chilson's contention lacked merit. The Chilson decision, while not directly on point with the facts of the case at bar, provides support for Mercantile's position. The Chilson court interpreted a general choice of law provision and concluded that it did not affect procedural law, such as a statute of limitations.