BILL MUNCEY, D/B/A BILL MUNCEY INDUSTRIES, APPELLANT,
v.
STAR BRITE DISTRIBUTORS, INC., APPELLEE

Fla. 3d DCA | 1980-01-15
No. 79-1235
Before HAYERFIELD, C. J., and PEARSON and NESBITT, JJ.
378 So. 2d 1326 Florida District Court of Appeal, Third District (1980) Positive Treatment
Cited by 15 cases
Opinion of the Court
PER CURIAM.

[*1327] PER CURIAM.

The trial court erred in, sua sponte, entering a summary final judgment against the plaintiff, where there was no motion pending therefor and the plaintiff had no notice or opportunity to present opposing affidavits. Fla.R.Civ.P. 1.510; Moseley v. Bi-Lo Supermarket, Inc., 341 So. 2d 222 (Fla. 3d DCA 1976); and Babb v. Lincoln Auto Finance Co., 133 So. 2d 566 (Fla. 3d DCA 1961). The cases of Roberts v. Braynon, 90 So. 2d 623 (Fla.1956) and Raphael v. Koretzky, 102 So. 2d 746 (Fla. 3d DCA 1958) relied upon by the defendant are distinguishable because they represent a well defined line of cases which authorize the trial court to initiate and entertain summary judgment at pre-trial conference.

Reversed and remanded for further proceedings.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Brock v. G.D. Searle & Co., 530 So. 2d 428 (Fla. 1st DCA 1988)
    …. Fruhmorgen v. Watson, 490 So. 2d 1032 (Fla. 2d DCA 1986); Marlar v. Quincy State Bank, 463 So. 2d 1233 (Fla. 1st DCA 1985); Parker v. Lower Florida Keys Hospital District, 432 So. 2d 169 (Fla. 3d DCA 1983); Muncey v. Star Brite Distributors, Inc., 378 So. 2d 1326 (Fla. 3d DCA 1980). Moreover, cases involving alleged fraud are ordinarily not to be determined by summary judgment as they almost invariably involve a jury question as to whether the complete facts and circumstances collectively demonstrate fraud.…
  • Fruhmorgen v. Watson, 490 So. 2d 1032 (Fla. 2d DCA 1986)
    …that the party moved against be given the notice required by Florida Rule of Civil Procedure 1.510 and be allowed an opportunity to meet the question of whether there exists a genuine issue of material fact. Muncey v. Star Brite Distributors, Inc., 378 So. 2d 1326 (Fla. 3d DCA 1980); Moseley v. Bi-Lo Supermarket, Inc., 341 So. 2d 222 (Fla. 3d DCA 1977). Here, as in Muncey and Moseley, there was no motion pending for summary judgment and none was made by appellee. Even if there had been, we have held that a tr…
  • Fouts v. Bowling, 596 So. 2d 95 (Fla. 3d DCA 1992)
    …udgment” on its own motion or at the instigation of defense counsel. Fruhmorgen v. Watson, 490 So. 2d 1032 (Fla.2d DCA 1986); Fla.R.Civ.P. 1.510(c). E.g., Gildred v. Alverde, 500 So. 2d 307 (Fla.3d DCA 1986); Muncey v. Star Brite Distributors, Inc., 378 So. 2d 1326, 1327 (Fla.3d DCA 1980); Moseley v. Bi-Lo Supermarket, Inc., 341 So. 2d 222 (Fla.3d DCA 1976); see Barnett Bank v. All Tech, Inc., 588 So. 2d 680 (Fla.3d DCA 1991); Epic Metals Corp. v. Samari Lake East Condominium Ass’n, Inc., 547 So. 2d 198 (Fla.3…

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