FALLS POULTRY DISTRIBUTING CO., A FLORIDA CORPORATION, APPELLANT,
v.
ARLENE CANNER, APPELLEE
PER CURIAM.
The summary judgment for the defendant entered below is reversed and the cause remanded for further proceedings. The defendant’s affidavit, which was filed before answer and which did no more than generally deny the allegations of the complaint in conclusory terms, did not sustain her affirmative burden to demonstrate conclusively the absence of a genuine issue of material fact. Holl v. Talcott, 191 So. 2d 40, 45 (Fla.1966); Silber v. Campus Sweater & Sportswear, 313 So. 2d 409 (Fla.1st DCA 1975); Hurricane Boats, Inc. v. Certified Industrial Fabricators, Inc., 246 So. 2d 174 (Fla.3d DCA 1971), and cases cited; see Pino v. Lopez, 361 So. 2d 192 (Fla.3d DCA 1978), cert. dism. 365 So. 2d 714 (Fla.1978); Freeman v. Equilease Corp., 346 So. 2d 619 (Fla.3d DCA 1977). Moreover, the summary judgment was prematurely entered before the completion of discovery. Cullen v. Big Daddy’s Lounges, Inc., 364 So. 2d 839 (Fla.3d DCA 1978); Commercial Bank of Kendall v. Heiman, 322 So. 2d 564 (Fla.3d DCA 1975).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gadsden Cnty. Times Inc. v. Mallory E. Horne, 382 So. 2d 347 (Fla. 1st DCA 1980)…ition For Rehearing) concerning pending discovery efforts, which in itself would indicate less than a fully developed record. See Commercial Bank of Kendall v. Heiman, 322 So. 2d 564 (Fla. 3rd DCA 1975), and Falls Poultry Distributing Co. v. Canner, 372 So. 2d 129 (Fla. 3rd DCA 1979). We adhere to our opinion and decision, with the modification noted, denying certio-rari. McCORD and SHIVERS, JJ., CONCUR.…
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Seinfeld v. Commercial Bank & Tr. Co., 405 So. 2d 1039 (Fla. 3d DCA 1981)…instruments and lack of notice of Seinfeld’s defenses to them. It is clear that the general statements in the affidavit, which are framed in terms only of conclusions of law, do not satisfy that burden. See Falls Poultry Distributing’ Co. v. Canner, 372 So. 2d 129 (Fla.3d DCA 1979) and cases collected; Freeman v. Equilease Corp., 346 So. 2d 619 (Fla.3d DCA 1977). In addition, since as the bank correctly contends, the issue of both “good faith,” see Baraban v. Manatee National Bank of Bradenton, 212 So. 2d 341…
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Falls Poultry Distrib. Co. v. Canner Realty Corp., Inc., 372 So. 2d 982 (Fla. 3d DCA 1979)…PER CURIAM. The final summary judgment under review is reversed and the cause remanded for further proceedings. Falls Poultry Distributing Co. v. Canner, 372 So. 2d 129 (Fla. 3d DCA 1979).…
Authorities Cited
- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
- Pino v. Lopez, 361 So. 2d 192 (Fla. 3d DCA 1978)
- Hurricane Boats, Inc. v. Certified Indus. Fabricators, Inc., 246 So. 2d 174 (Fla. 3d DCA 1971)
- Commercial Bank OF Kendall v. Alana G. Heiman, 322 So. 2d 564 (Fla. 3d DCA 1975)
- Silber v. Campus Sweater & Sportswear, 313 So. 2d 409 (Fla. 1st DCA 1975)
- Freeman v. Equilease Corp., 346 So. 2d 619 (Fla. 3d DCA 1977)
- Sheridan v. Woody Kaiser, 364 So. 2d 839 (Fla. 3d DCA 1978)
- Cullen v. BIG Daddy's Lounges, Inc., 364 So. 2d 839 (Fla. 3d DCA 1978)