WILLIE L. WEBB, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Stop & Shoppe Mart, Inc. v. Zahra Mehdi, 854 So. 2d 784 (Fla. 5th DCA 2003)
  …1999); Hosp. Correspondence Corp. v. McRae, 682 So. 2d 1177 (Fla. 5th DCA 1996); Fla. Dep’t. of Agric, v. Go Bungee, Inc., 678 So. 2d 920 (Fla. 5th DCA 1996); Gray v. Union Planters Nat. Bank, 654 So. 2d 1288 (Fla. 3d DCA 1995); Elkins v. Barbella, 603 So. 2d 726 (Fla. 4th DCA 1992). Where the movant merely denies the affirmative defenses and the affidavit in support of summary judgment only supports the allegations of the complaint and does not address the affirmative defenses, the burden of disproving the…
• Genuinely Loving Childcare, LLC v. BRE Mariner Conway Crossings, LLC, 209 So. 3d 622 (Fla. 5th DCA 2017)
  …the affidavit is insufficient to do so when it merely supports the allegations in the complaint and fails to address the affirmative defenses. Stop & Shoppe Mart, Inc. v. Mehdi, 854 So. 2d 784, 786-87 (Fla. 5th DCA 2003) (citing Elkins v. Barbella, 603 So. 2d 726 (Fla. 4th DCA 1992)). Landlord’s affidavit and its argumentation in its motion for summary judgment did not conclusively refute Tenant’s affirmative defenses of impossibility, impracticality, frustration of purpose, and commercial frustration of pu…
• Pile v. Geltex Trading Corp., Ltd., 610 So. 2d 738 (Fla. 4th DCA 1993)
  …stin v. Duval Fed. Sav. and Loan Ass’n, 500 So. 2d 580 (Fla. 4th DCA 1986), and, second, because the plaintiff failed to disprove opposing affirmative defenses or establish that said defenses were insufficient as a matter of law. Elkins v. Barbella, 603 So. 2d 726 (Fla. 4th DCA 1992). REVERSED AND REMANDED FOR FURTHER PROCEEDINGS. LETTS and POLEN, JJ., and ALDERMAN, JAMES E., Senior Justice, concur.…

Authorities Cited

• Watts v. State, 593 So. 2d 198 (Fla. 1992)
• Donnie Warren v. State, 499 So. 2d 55 (Fla. 4th DCA 1986)
• Pritchard v. State, 472 So. 2d 890 (Fla. 4th DCA 1985)
• MAY v. State, 472 So. 2d 890 (Fla. 4th DCA 1985)