JEROME G. PILE, APPELLANT,
v.
GELTEX TRADING CORPORATION, LTD., APPELLEE
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PER CURIAM.
This is an appeal from a summary final judgment entered against the defendant-appellant which awards money damages to the plaintiff-appellee. The complaint alleged causes of action for an accounting, breach of a joint venture agreement, civil theft, fraud, and unjust enrichment. The defendant was not present at the hearing on the summary judgment motion.
We reverse, first, because the record does not establish that the defendant received copies of either the Motion for Summary Judgment or the Notice of Hearing, Mondestin 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McDONOUGH v. First Coast Cmty. Bank, 617 So. 2d 766 (Fla. 1st DCA 1993)…[*767] ment in favor of the party seeking recovery will be reversed where the proponent of the motion fails to disprove opposing affirmative defenses or establish that such defenses are insufficient as a matter of law. Pile v. Geltex Trading Corp., 610 So. 2d 738 (Fla. 4th DCA 1993); Westport Place One v. Reller Constr. Co., 611 So. 2d 77 (Fla. 4th DCA 1992). In the affirmative defenses, and in the subsequent affidavit, McDonough has in essence alleged that Mr. John Stubbs, a founder, director, and major sh…
Authorities Cited
- Mondestin v. Duval Fed. Sav. & Loan Ass'n, 500 So. 2d 580 (Fla. 4th DCA 1986)
- Webb v. State, 603 So. 2d 726 (Fla. 4th DCA 1992)