MONTEJO INVESTMENTS, N.V., A NETHERLANDS ANTILLES CORPORATION, APPELLANT,
v.
THE GREEN COMPANIES, INC., OF FLORIDA, A FLORIDA CORPORATION, APPELLEE
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PER CURIAM.
Plaintiff filed an unsworn complaint alleging money due and owing for overpayment of security deposits on a lease agreement. In support of a motion for summary judgment, plaintiff attached an affidavit of its vice-president which stated: 1. That he is a Vice-President of THE GREEN COMPANIES, INC., the Plaintiff in this action.
2. Affiant is thoroughly familiar with the facts of this case and to the best of his knowledge and belief the facts alleged in the above motion are true and accurate. FURTHER AFFIANT SAYETH NAUGHT. /s/ _ GEORGE R. BROWN Vice-President of THE GREEN COMPANIES, INC.
This case is indistinguishable from Hurricane Boats, Inc. v. Certified Industrial Fabricators, Inc., 246 So. 2d 174 (Fla. 3d DCA 1971) where we held that a similar affidavit failed to comply with Florida Rule of Civil Procedure 1.510(e), which requires: Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence and shall show affirmatively that the affiant is competent to testify to the matters stated therein. The affidavit herein is defective in all three respects.
Reversed and remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
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Lenhal Realty, Inc. v. Transamerica Commercial Fin. Corp., 615 So. 2d 207 (Fla. 4th DCA 1993)…to the authenticity of LaBarca’s signature. [*209] Appellants argue that, under these circumstances, the Hatch affidavit is insufficient to support summary judgment. We agree. See, e.g., Montejo Investments, N. V v. Green Companies, Inc. of Florida, 471 So. 2d 158, 159 (Fla. 3d DCA 1985) (Pursuant to Florida Rule of Civil Procedure 1.510(e), an affidavit in support of a motion for summary judgment is defective if it fails to be made on personal knowledge, set forth facts that would be admissible in evidence,…
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Alvarez v. Fla. Ins. Guar. Ass'n, Inc., 661 So. 2d 1230 (Fla. 3d DCA 1995)…It would not be sufficient, however, for a corporate officer to state merely that he made the affidavit on "best knowledge and belief". See Department of Revenue v. Rudd, 545 So. 2d 369, 374 (Fla. 1st DCA 1989); Montejo Inv., N.V. v. The Green Cos., 471 So. 2d 158, 159 (Fla. 3d DCA 1985). Nor would a corporate officer’s affidavit which merely states conclusions or opinion be sufficient, even if it is based on personal knowledge. Nour v. All State Supply Co., 487 So. 2d 1204, 1205 (Fla. 1st DCA 1986).…
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Nour v. ALL State Pipe Supply Co., 487 So. 2d 1204 (Fla. 1st DCA 1986)…ace of appellant’s answer denying all allegations of the complaint, appellee’s affidavit is insufficient. Silber v. Campus Sweater & Sportswear, 313 So. 2d 409 (Fla. 1st DCA 1975); Montejo Investments, N. V. v. The Green Companies, Inc., of Florida, 471 So. 2d 158 (Fla. 3d DCA 1985); Thomasson v. The Money Store/Florida, Inc., 464 So. 2d 1309 (Fla. 4th DCA 1985); Rule 1.510(e), Florida Rules of Civil Procedure. The fact that appellant’s counter-affidavit in opposition is affected with the same inadequacies as…
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- Hurricane Boats, Inc. v. Certified Indus. Fabricators, Inc., 246 So. 2d 174 (Fla. 3d DCA 1971)