MOODY CONSTRUCTION INC. OF DELRAY BEACH, A FLORIDA CORPORATION, AND CAPITOL INDEMNITY CORP., A FOREIGN CORPORATION, APPELLANT,
v.
DICKERSON FLORIDA, INC., A FLORIDA CORPORATION, APPELLEE
MOODY CONSTRUCTION INC. OF DELRAY BEACH, A FLORIDA CORPORATION, AND CAPITOL INDEMNITY CORP., A FOREIGN CORPORATION, APPELLANT,
DICKERSON FLORIDA, INC., A FLORIDA CORPORATION, APPELLEE
475 So. 2d 1319
Florida District Court of Appeal, Fourth District (1985)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
HERSEY, C.J., and LETTS, J., concur.
WALDEN, J., dissents with opinion.
Dissent
WALDEN, Judge,
dissenting:
I would reverse because, in my opinion, the trial court erred in refusing to set aside the defaults entered against appellants.
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Magma Trading Corp. v. Lintz, 727 So. 2d 377 (Fla. 5th DCA 1999)…s the burden of conclusively showing the nonexistence of a genuine issue of material fact, and the proof must overcome all reasonable inferences which may be drawn in favor of the non-moving party. See also Brooks v. Herndon Ambulance Service, Inc., 475 So. 2d 1319 (Fla. 5th DCA 1985). Here, the appel-lees have met their burden with attachments to their motion and affidavits. To defeat the motion, Magma could not merely assert there existed a genuine issue of material fact, it must have presented evidence to s…
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Najera v. Nationsbank Tr. Co., N.A., 707 So. 2d 1153 (Fla. 5th DCA 1998)…4 So. 2d 1083 (Fla. 5th DCA 1995); Mullan v. Bishop of the Diocese of Orlando, 540 So. 2d 174 (Fla. 5th DCA 1989); Dubuis v. Security First Federal Savings & Loan Ass’n, 529 So. 2d 1251 (Fla. 5th DCA 1988); Brooks v. Herndon Ambulance Service, Inc., 475 So. 2d 1319 (Fla. 5th DCA 1985); Charron v. Coachmen Industries, Inc., 417 So. 2d 1145 (Fla. 5th DCA 1982). If this alleged course of fraudulent conduct on the part of GDC and GDV is established at trial, and if it is shown was reasonably relied upon by the Na…