PLAYA DEL MAR ASSOCIATION, INC., APPELLANT,
v.
FLORIDA POWER & LIGHT COMPANY, A FLORIDA CORPORATION, AND CORAL RIDGE PROPERTIES, INC., A DELAWARE CORPORATION, APPELLEES; PLAYA DEL MAR ASSOCIATION, INC., APPELLANT, V. FLORIDA POWER & LIGHT COMPANY, ETC., CORAL RIDGE PROPERTIES, INC., ETC., AND WESTINGHOUSE ELECTRIC CORPORATION, ETC., APPELLEES
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The court reversed summary judgments against Playa del Mar Association because the trial court improperly granted judgment based on a release defense that was never pleaded, violating Florida Rules of Civil Procedure.
Summary judgment cannot be granted on an affirmative defense of release that was never asserted in a pleading.
[1] An affirmative defense of release cannot support summary judgment unless that defense has been properly pleaded in accordance with Florida Rules of Civil Procedure.
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Join FLexlaw to unlock all legal intelligencePlaya del Mar Association filed two complaints arising from the same factual incident against Florida Power & Light Company and Coral Ridge Properties…
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HERSEY, Chief Judge.
Playa del Mar Association, Inc., appeals two summary final judgments in cases arising from the same factual incident and involving the identical issue on appeal. Appellant’s complaints were responded to by motions for summary judgment based upon settlement of prior litigation involving similar issues, releases given by appellant in that litigation, and an order of dismissal finally disposing of appellant’s claims. No answer had been filed. Summary judgment was granted in each of the two cases.
Regardless of whether appellant was improperly precluded from introducing evidence in support of its claim of mutual mistake with regard to the release (which seems likely based upon the rule in such cases as Ayr v. Chance, 372 So. 2d 1000 (Fla. 4th DCA 1979)), it was error to enter judgment based upon “release” when that affirmative defense had never been asserted in a pleading. Fla.R.Civ.P. 1.110(d); Strahan Manufacturing Co. v. Pike, 194 So. 2d 277 (Fla. 2d DCA 1967); Meigs v. Lear, 191 So. 2d 286 (Fla. 1st DCA 1966). See also Couchman v. Goodbody & Co., 231 So. 2d 842 (Fla. 4th DCA 1970) and Mills v. Dade County, 206 So. 2d 227 (Fla. 3d DCA 1968). We therefore reverse.
REVERSED AND REMANDED.
DOWNEY and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Coral Ridge Props., Inc. v. Playa DEL MAR Ass'n, Inc., 505 So. 2d 414 (Fla. 1987)…SHAW, Justice. We review Playa Del Mar Association v. Florida Power & Light Co., et al., 481 So. 2d 943 (Fla. 4th DCA 1985), because of direct and express conflict with Edgewater Drugs, Inc. v. Jax Drugs, Inc., 138 So. 2d 525 (Fla. 1st DCA 1962). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The pertinent facts and procedural posture of these…
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Centrust Sav. Bank v. Barnett Banks Tr. Co., N.A., 483 So. 2d 867 (Fla. 5th DCA 1986)…For a discussion of fiduciary relations, see generally Quinn v. Phipps, 93 Fla. 805, 113 So. 419, 420 (1927). . See, e.g., Seymour v. Seymour, 85 So. 2d 726 (Fla.1956). . See, e.g., Playa Del Mar Association, Inc. v. Florida Power & Light Company, 481 So. 2d 943 (Fla. 4th DCA 1986).…
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Am. Title Ins. Co. v. Carter, 670 So. 2d 1115 (Fla. 5th DCA 1996)…ing Corp. v. Carmel, 254 So. 2d 556, 557 (Fla. 3d DCA 1971); Couchman v. Goodbody & Co., 231 So. 2d 842 (Fla. 4th DCA 1970); Turf Express, Inc. v. Palmer, 209 So. 2d 461 (Fla. 3d DCA 1968); cf. Playa Del Mar Ass’n, Inc. v. Florida Power & Light Co., 481 So. 2d 943, 944 (Fla. 4th DCA 1985) (finding that “it was error to enter judgment based upon ‘release’ when that affirmative defense had never been asserted in a pleading”), approved sub nom by Coral Ridge Properties, Inc. v. Playa Del Mar Ass’n, Inc., 505 So.…
Authorities Cited
- Meigs v. Lear, 191 So. 2d 286 (Fla. 1st DCA 1966)
- AYR v. Chance, 372 So. 2d 1000 (Fla. 4th DCA 1979)
- Strahan Mfg. Co., Inc. v. Pike, 194 So. 2d 277 (Fla. 2d DCA 1967)
- Gil Henry Couchman v. Goodbody & Co., 231 So. 2d 842 (Fla. 4th DCA 1970)
- Mills v. Dade Cnty., 206 So. 2d 227 (Fla. 3d DCA 1968)