MARK WALLACH AND MARK WALLACH, LTD., A NEW YORK CORPORATION, APPELLANTS,
v.
LUIS F. RODRIGUEZ KOHLY, APPELLEE
MARK WALLACH AND MARK WALLACH, LTD., A NEW YORK CORPORATION, APPELLANTS,
LUIS F. RODRIGUEZ KOHLY, APPELLEE
546 So. 2d 14
Florida District Court of Appeal, Third District (1989)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We reverse the partial summary judgment entered below, as it is not clear on this record that appellee has carried his burden of showing the nonexistence of a disputed issue of material fact with respect to the affirmative defenses of appellant Mark Wallach, and the comparable defenses raised by the pending motion to dismiss of appellant Mark Wallach, Ltd. O’Neal v. Brady, 476 So. 2d 294 (Fla. 3d DCA 1985). We therefore do not reach appellant’s alternative contention that the trial court erred by denying leave to submit a belated affidavit on rehearing.
Reversed and remanded.
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Morris v. NN Invs. Life Ins. Co., Inc., 553 So. 2d 1306 (Fla. 3d DCA 1989)…client’s request and convenience was directly violated, and her case was dismissed as a result of that breach. I can think of no more obvious an example of the litigation-by-ambush tactics we have often and correctly condemned. See Bendeck v. Berry, 546 So. 2d 14 (Fla. 3d DCA 1989) (Cope, J., concurring); Chatmon v. Woodard, 492 So. 2d 1115, 1116 n. 2 (Fla. 3d DCA 1986); Salcedo v. Asociacion Cubana, Inc., 368 So. 2d 1337 (Fla. 3d DCA 1979), cert. denied, 378 So. 2d 342 (Fla.1979). Even more, I cannot agree…
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Sayih v. Irwin Perlmutter, M.D., 561 So. 2d 309 (Fla. 3d DCA 1990)…tion to accurately represent to the court, on inquiry, the contents of the exhibits. If the misrepresentation as to the contents of the exhibit had been intentional, we would have condemned it as a contemptuous “ambush” tactic. See Bendeck v. Berry, 546 So. 2d 14 (Fla. 3d DCA 1989) (Cope, J., concurring); Chatmon v. Woodard, 492 So. 2d 1115, 1116 n. 2 (Fla. 3d DCA 1986); Salcedo v. Asociacion Cubana, Inc., 368 So. 2d 1337 (Fla. 3d DCA), cert. denied, 378 So. 2d 342 (Fla.1979). Nevertheless, even in the absen…
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Ingersoll v. Warren Hoffman, D.D.S., 561 So. 2d 324 (Fla. 3d DCA 1990)…lic Health Trust of Dade County v. Knuck, 495 So. 2d 834 (Fla. 3d DCA 1986). Because this court has held that the notice requirement of Section 768.57 is jurisdictional, failure to provide adequate notice shall result in dismissal. Bendeck v. Berry, 546 So. 2d 14 (Fla. 3d DCA 1989); Berry v. Orr, 537 So. 2d 1014 (Fla. 3d DCA 1988) review denied, 545 So. 2d 1368 (Fla.1989). It is also noted that no certificate, in accordance with the provisions of Section 768.495(1), Florida Statutes (1987), was ever supplied…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- O'Neal v. Brady, 476 So. 2d 294 (Fla. 3d DCA 1985)
- The Celotex Corp. v. Buildex, Inc., 476 So. 2d 294 (Fla. 3d DCA 1985)