ALLSTATE INSURANCE COMPANY A/S/O ANDREW H. JACKSON AND J.D. JACKSON, HIS WIFE, AND ANDREW H. JACKSON AND J.D. JACKSON, HIS WIFE, APPELLANTS,
v.
WEATHERS BROTHERS, INC., A TRANSFER COMPANY, AND TRUCK INSURANCE EXCHANGE, APPELLEES
ALLSTATE INSURANCE COMPANY A/S/O ANDREW H. JACKSON AND J.D. JACKSON, HIS WIFE, AND ANDREW H. JACKSON AND J.D. JACKSON, HIS WIFE, APPELLANTS,
WEATHERS BROTHERS, INC., A TRANSFER COMPANY, AND TRUCK INSURANCE EXCHANGE, APPELLEES
453 So. 2d 117
Florida District Court of Appeal, First District (1984)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The summary judgment entered in favor of defendants/appellees was based upon affirmative defenses which had not been timely and properly raised prior to the summary judgment hearing. We are unable to conclude from the record in this case that the circumvention of the requisite summary judgment procedures was harmless or that the defendants will inevitably be enti-tied to summary judgment after further proceedings.
REVERSED.
THOMPSON, NIMMONS and BAR-FIELD, JJ., concur.
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