PYLON ENTERPRISES, LTD., A FLORIDA LIMITED PARTNERSHIP, PYLON INVESTMENT REALTY CORP., A FLORIDA CORPORATION, JAMES G. BRADY, INDIVIDUALLY AND AS GENERAL PARTNER OF PYLON ENTERPRISES, LTD., AND MISSION BAY DEVELOPMENT CO., INC., A FLORIDA CORPORATION, APPELLANTS,
v.
GREENWICH PROPERTIES-I, LTD., A CALIFORNIA LIMITED PARTNERSHIP, DE ANZA GROUP INC., A CALIFORNIA CORPORATION, AND DE ANZA ASSETS, INC., A CALIFORNIA CORPORATION, APPELLEES

Fla. 4th DCA | 1991-05-01
No. 90-0578
ANSTEAD, POLEN and GARRETT, JJ., concur.
578 So. 2d 1143 Florida District Court of Appeal, Fourth District (1991) Negative Treatment
Cited by 12 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from a final judgment entered after the trial court had resolved by summary adjudication certain affirmative defenses raised by appellants, as well as a general denial of liability by appellant, Mission Bay Development Co., Inc. While the record contains substantial evidence contrary to the claims of the appellants, it also contains some evidence in support of those claims. Under these circumstances summary adjudication should be withheld. Moore v. Morris, 475 So. 2d 666 (Fla.1985).

Accordingly, since the final judgment was predicated upon an erroneous summary adjudication of the issues raised on appeal, we reverse and remand to the trial court for further proceedings consistent herewith.

ANSTEAD, POLEN and GARRETT, JJ., concur.


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  • Morales v. Sperry Rand Corp., 601 So. 2d 538 (Fla. 1992)
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  • Comisky v. Rosen Mgmt. Serv., Inc., 630 So. 2d 628 (Fla. 4th DCA 1994)
    …aleah, Inc. v. Lago Grande One Condominium Assn, 559 So. 2d 1178 (Fla. 3d DCA 1990); Macke Laundry Services, Inc. v. Saintil, 568 So. 2d 541 (Fla. 4th DCA 1990); Cole v. Posada, 555 So. 2d 367 (Fla. 3d DCA 1989). . See Morales v. Sperry Rand Corp., 578 So. 2d 1143 (Fla. 4th DCA 1991), and Berdeaux v. Eagle-Picher Industries, 575 So. 2d 1295 (Fla. 3d DCA 1990). . See e.g. Hartford Acc. and Indem. Co. v. U.S.C.P. Co., 515 So. 2d 998 (Fla. 4th DCA 1987); Siegel v. Abramowitz, 309 So. 2d 234 (Fla. 4th DCA 1975);…
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