MICHAEL BALLAS, D/B/A BALLAS TREE FARMS, APPELLANT,
v.
JAMES J. SPOLYAR, D/B/A CLASSIC CHRISTMAS TREE ASSOCIATES, APPELLEE

Fla. 2d DCA | 1989-09-08
No. 88-03089
RYDER, A.C.J., and LEHAN, J., concur.
548 So. 2d 1168 Florida District Court of Appeal, Second District (1989) Positive Treatment
Cited by 5 cases
Topics
Rejection Of Goods Revocation Of Acceptance Uniform Commercial Code Rescission

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Opinion of the Court
THREADGILL, Judge.

THREADGILL, Judge.

The trial court entered a final summary judgment against the appellant/buyer on his complaint for recision and damages for breach of contract arising out of the delivery of alleged inferior Christmas trees. The court also entered final summary judgment in favor of the appellee/seller on a counterclaim for the balance due under the contract. The trial court found that the appellant/buyer neither rejected the trees nor revoked his acceptance. Upon review, we conclude there are genuine issues of material fact concerning whether the appellant/buyer rejected the defective trees or revoked acceptance and whether the rejection or revocation of acceptance was within a reasonable time pursuant to the Uniform Commercial Code. These factual issues must be decided by the fact-finder and are not susceptible of resolution on summary judgment. Monroe v. Appelton, 419 So. 2d 356 (Fla. 2d DCA 1982).

We therefore reverse the final summary judgment as it pertains to counts I and II of the complaint and as to appellees’ counterclaim and remand for further proceedings. In all other respects the final summary judgment is affirmed.

Affirmed in part; reversed in part.

RYDER, A.C.J., and LEHAN, J., concur.

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  • Twin Rivers Eng'g, Inc. v. Pacer USA, LLC, 257 So. 3d 140 (Fla. 4th DCA 2018)
    …time after their delivery or tender.”). However, whether the buyer’s rejection of goods was within a reasonable time pursuant to the UCC is a factual issue to be decided by a jury and cannot be resolved on summary judgment. See Ballas v. Spolyar, 548 So. 2d 1168, 1169 (Fla. 2d DCA 1989); Bair v. A.E.G.I.S. Corp., 523 So. 2d 1186, 1188 (Fla. 2d DCA 1988). In sum, because issues of material fact remain, we reverse and remand for further proceedings. Reversed and remanded for further proceedings. GERBER, C.…
  • Carson v. Fishtail Marine OF Naples, Inc., 697 So. 2d 1222 (Fla. 2d DCA 1997)
    …e as to any material fact and that the moving party is entitled to a judgment as a matter of law. Fla.R.Civ.P. 1.510(c). The burden, furthermore, is on the movant to demonstrate conclusively that the nonmoving party cannot prevail. Gomes v. Stevens, 548 So. 2d 1168 (Fla. 2d DCA 1989). If the record reflects the existence of any genuine issue of material fact, or the possibility of any issue, or if the record raises even the slightest doubt that an issue might exist, summary judgment should not be granted. Gome…

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