OTIE STILLS, TALITHA STILLS, ROSALIE INVESTMENT CORPORATION AND TIOTIE BEACH YACHT & COUNTRY CLUB, INC., APPELLANTS,
v.
WEIL-MAAS, INC., APPELLEE

Fla. 2d DCA | 1960-06-17
No. 1624
KANNER, Acting C. J., SHANNON, J., and MOODY, JAMES S., Associate Judge, concur.
121 So. 2d 440 Florida District Court of Appeal, Second District (1960) Caution
Cited by 50 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Holland v. Gross, Fla., 89 So.2d 255, 63 A.L.R.2d 920; Wicker v. Trust Co. of Florida, 109 Fla. 411, 147 So. 586, and Stewart v. Nangle, Fla.App., 103 So.2d 649.

KANNER, Acting C. J., SHANNON, J., and MOODY, JAMES S., Associate Judge, concur.


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  • Albelo v. S. Bell k/n/a Bell S. Telecomms., Inc., 682 So. 2d 1126 (Fla. 4th DCA 1996)
    …a motion for summary judgment. To do so would simply deprive the litigants of their constitutional right to a trial on the merits and would violate the basic principles of law which govern the use of summary judgment. Smith v. City of Daytona Beach, 121 So. 2d 440 (Fla. 1st DCA 1960). Measured against these well-settled principles of summary judgment jurisprudence, we conclude that the trial court erred in entering summary final judgment against Appellants because Southern Bell failed to sustain its burden o…
  • Beikirch v. City OF Jacksonville Beach, 159 So. 2d 898 (Fla. 1st DCA 1964)
    …summary judgment or decree may not properly be entered even though the evidence is uncontradicted — if that evidence is reasonably susceptible of conflicting inferences. See, for instances, our decisions in Smith v. City of Daytona Beach, Fla.App., 121 So. 2d 440 (1960), Pan American Distributing Company v. Sav-a-Stop, Inc., Fla.App., 124 So. 2d 753 (1960), and Pollock v. Kelly, Fla.App., 125 So. 2d 109 (1960). Some of the greatest problems perplexing the courts with regard to summary judgments seem to have…
  • Norris F. Baskin and Ola G. Baskin v. Griffith, 127 So. 2d 467 (Fla. 1st DCA 1961)
    …summary judgment or decree — when the evidence, though uncon-troverted, is such that reasonable men might properly draw conflicting inferences of fact therefrom. Weber v. Porco, Fla.1958, 100 So. 2d 146; Smith v. City of Daytona Beach, Fla.App.1960, 121 So. 2d 440; Halavin v. Tamiami Trail Tours, Inc., Fla.App. 1960, 124 So. 2d 746; Register v. Redding, Fla.App., 126 So. 2d 289. We have examined all of the evidence which was before the court at the hearing on the motions for summary final decree and are of t…

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