DIENER & SHAPIRO, P.A., APPELLANT,
v.
THE REUBEN H. DONNELLEY CORPORATION, A CORPORATION, T/A DONNELLEY INFORMATION PUBLISHING, APPELLEE
PER CURIAM.
In support of its motion for summary judgment in the amount of $15,004.08 for professional services rendered pursuant to a contract, the plaintiff filed a sworn affidavit of its corporate officer.' No doubt is created as to the truthfulness of that affidavit by any opposing affidavits, business records, or deposition testimony. The defendant’s conclusory pleadings of affirmative defenses are not supported by a factual showing. On this record we must affirm the trial judge’s conclusions that there are no genuine issues of material fact, Moore v. Morris, 475 So. 2d 666 (Fla.1985), and that the affirmative defenses are legally insufficient. Tippett v. Frank, 238 So. 2d 671 (Fla. 3d DCA 1970).
Affirmed.
NESBITT and FERGUSON, JJ., concur.
COPE, Judge
(dissenting).
It was plaintiff’s burden to demonstrate the absence of a disputed issue of material fact with respect to plaintiff’s claim and with respect to defendant’s affirmative defenses. At deposition the plaintiff’s corporate representative was unable to answer numerous questions about the computation of defendant’s account. The parties agree that there was an accord and satisfaction as to the first contract year, but disagree on the amount. I would reverse the summary judgment, but without prejudice to renew the motion on a more complete record.
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Disc. Fireworks OF Cent. Fla., Inc. v. Sarasota Cnty., 922 So. 2d 433 (Fla. 2d DCA 2006)…der did no such thing. “[I]t is apparent that, to bring the judicial labors to a conclusion, a judgment with respect to the [issues raised in the complaint for declaratory relief] remains to be made.” See Tom Davis of Fla., Inc. v. The Trails, Inc., 577 So. 2d 601, 602 (Fla. 5th DCA 1991); see also Appel v. Scott, 479 So. 2d 800, 802-03 (Fla. 2d DCA 1985). We dismiss the appeal and remand for further proceedings that, we trust, will result in a final trial court decision addressing the specific challenges to…
Authorities Cited
- Moore v. Morris, 475 So. 2d 666 (Fla. 1985)
- Tippett v. Cidell Frank, 238 So. 2d 671 (Fla. 3d DCA 1970)