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
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
-
Morales v. Sperry Rand Corp., 601 So. 2d 538 (Fla. 1992)…McDONALD, Judge. We review Morales v. Sperry Rand Corporation, 578 So. 2d 1143 (Fla. 4th DCA 1991), because of certified conflict with Berdeaux v. Eagle-Picher Industries, Inc., 575 So. 2d 1295 (Fla. 3d DCA 1990). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. At issue are the consequences of failing to obtain service o…
-
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);…
-
Greco v. Kjell Pedersen, 583 So. 2d 783 (Fla. 2d DCA 1991)…served on December 13, 1989. We note that this case does not involve the issue upon which the Third and Fifth [*785] Districts have announced conflict. Partin v. Flagler Hosp., Inc., 581 So. 2d 240 (Fla. 5th DCA 1991); Morales v. Sperry Rand Corp., 578 So. 2d 1143 (Fla. 4th DCA 1991); Berdeaux v. Eagle-Picher Indus., Inc., 575 So. 2d 1295 (Fla. 3d DCA 1990). This is not a case in which the process was served after 120 days but before the filing of a motion to dismiss. In this case, the complaint was not serve…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Moore v. Morris, 475 So. 2d 666 (Fla. 1985)