SAPPHIRE CONDOMINIUM ASSOCIATION, INC., APPELLANT,
v.
AMERIVEND CORPORATION, APPELLEE

Fla. 4th DCA | 1997-04-16
No. 96-2112
KLEIN and GROSS, JJ., concur.
691 So. 2d 600 Florida District Court of Appeal, Fourth District (1997) Negative Treatment
Cited by 12 cases

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Synopsis

Sapphire Condominium Association appealed summary judgment granted to Amerivend Corporation in a dispute over laundry equipment lease terms. The appellate court reversed, finding the trial court abused its discretion by denying the motion for rehearing without considering Sapphire's counter-affidavit that raised material factual issues regarding "current community standards" for laundry pricing.


Holding

The trial court abused its discretion in denying the motion for rehearing without considering Sapphire's counter-affidavit. Summary judgment was improper because significant issues of material fact existed regarding what constituted "current community standards" in the relevant geographic area.


Headnotes

[1] A trial court abuses its discretion by denying a motion for rehearing when the moving party submits a counter-affidavit raising significant issues of material fact.

[2] Summary judgment is improper when genuine and material issues of fact exist that preclude a conclusive determination.

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Key Quotes

“Only after it is conclusively shown that the party against whom summary judgment has been entered cannot offer proof to support its position on the genuine and material issues in the cause should its right to trial be foreclosed.”

Establishes the standard that summary judgment should not foreclose a party's right to trial if they can offer proof on material issues.

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Facts & Procedural History

Amerivend leased laundry space from Sapphire and furnished coin-operated washers and dryers. Under a new lease agreement, Amerivend had sole discretio…

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Opinion of the Court
SHAHOOD, Judge.

SHAHOOD, Judge.

This appeal arises from a dispute over a laundry space lease agreement between Sapphire Condominium Association and Ameri-vend Corporation, a coin-operated laundry vendor. The trial court granted summary judgment in favor of appellee Amerivend and denied Sapphire’s motion for rehearing. We find that the trial court’s failure to consider Sapphire’s counter-affidavit at the motion for rehearing to be an abuse of discretion as significant issues of material fact were raised.

Sapphire filed a two-count complaint against Amerivend seeking damages and declaratory relief. Amerivend leased laundry room space from the condominium association and furnished washer and dryer equipment for usage by the condominium residents for several years. Under a new lease agreement, Amerivend, the lessee, agreed “[t]o furnish and install in the demised Premises commercial washers and dryers (Equipment) in a number which is sufficient for the use of the residents of the Complex, and to set Equipment use charges, all as solely determined by the Lessee in accordance with current community standards.” In consideration for the installation of new equipment, Sapphire agreed to an increase in the use of the equipment from 50 cents to 75 cents per load. Several months later, Sapphire was notified that due to increases in costs and in accordance with the provisions of the lease agreement, the vending rates for use of the machines would increase to $1.00.

Sapphire filed suit contesting Amerivend’s ability to increase the cost for use of the coin-operated machines, alleging the Ameri-vend failed to provide a definition of “current community standards” under the provision of the lease agreement, in order to determine Amerivend’s legal right to increase the vending rates.

Amerivend moved for summary judgment, and in support thereof, filed an affidavit from its service manager, listing three laundry room locations surveyed in order to determine if the $1.00 vending price was in line with “current community standards.” However, these locations were in Lauderhill, and not Lauderdale Lakes, where Sapphire was located. Sapphire did not tender any counter affidavits or other evidence. The trial court, without determining the meaning of “current community standards,” granted summary judgment in favor of Amerivend.

Sapphire timely moved for rehearing, and in support of its motion, filed a counter-affidavit from Sapphire’s president, who surveyed sixteen condominium laundry rooms in and around Lauderdale Lakes for the purpose of determining the vending prices. While this counter-affidavit raised significant issues of material fact, the trial court nevertheless denied the motion for rehearing.

While the grant or denial of a motion for rehearing is a matter within the sound discretion of the trial court it is never an arbitrary discretion. Holl v. Talcott, 191 So. 2d 40, 46 (Fla.1966). Only after it is conclusively shown that the party against whom summary judgment has been entered cannot offer proof to support its position on the genuine and material issues in the cause should its right to trial be foreclosed. Holl, 191 So. 2d at 47. Under the facts of this case, we find the trial court’s denial of the motion for rehearing to be an abuse of discretion. Thus, summary judgment was improper and this matter is remanded for proceedings consistent with this opinion.

REVERSED AND REMANDED.

KLEIN and GROSS, JJ., concur.


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Citator

Cited By

  • Pangilinan v. Broward Cnty., 914 So. 2d 1094 (Fla. 4th DCA 2005)
    …lee, Broward County (“County”), based on her failure to provide pre-suit notice to the Department of Insurance under section 768.28(6), Florida Statutes. We affirm, and in so doing, we recede from Sapphire Condominium Association v. Amerivend Corp., 691 So. 2d 600 (Fla. 4th DCA 1997), and Bridgeport Inc. v. Rinker Materials Corp., 849 So. 2d 1193 (Fla. 4th DCA 2003). The plaintiff sued the County in August 2002, alleging that, as a result of the County’s negligence in designing and maintaining its roadway, h…
    1 / 2
  • Camena Invs. & Prop. Mgmt. Corp. v. Cross, 791 So. 2d 595 (Fla. 3d DCA 2001)
    …to reopen her case or for a rehearing, but was denied. “While the grant or denial of a motion for rehearing is a matter within the sound discretion of the trial court, it is never an arbitrary discretion.” Sapphire Condo. Ass’n. v. Amerivend Corp., 691 So. 2d 600, 601 (Fla. 4th DCA 1997). We fail to appreciate what was missing in Cross’ presentation of evidence regarding the amount of attorney’s fees owed by Cross. Even if the trial court was correct in denying the award of attorney’s fees, the trial court a…
  • Bridgeport Inc. v. Rinker Materials Corp., 849 So. 2d 1193 (Fla. 4th DCA 2003)
    …judgment. We need not resolve any dispute as to whether evidence of the notice of bond was of record at the initial summary judgment hearing, as such was properly considered on the motion for rehearing. See Sapphire Condo. Ass’n v. Amerivend Corp., 691 So. 2d 600 (Fla. 4th DCA 1997)(revers-ing summary judgment where counter-affidavit submitted with motion for rehearing raised significant issues of material fact); but see Willis v. L.W. Foster Sportswear [*1196] Co., 352 So. 2d 922, 923 (Fla. 2d DCA 1977)(req…

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