DUNCAN PLASTERING COMPANY, INC., A FLORIDA CORPORATION, APPELLANT,
v.
GIFFEN BUILDING SPECIALTIES, INC., A FLORIDA CORPORATION, APPELLEE

Fla. 3d DCA | 1962-03-12
No. 61-609
Before PEARSON, TILLMAN, C. J., and HORTON and BARKDULL, JJ.
138 So. 2d 532 Florida District Court of Appeal, Third District (1962) Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

The defendant appeals a summary final judgment in an action upon an account. The answer asserted defenses which created issues, but a litigant may insist upon a trial of a disputed issue of fact essential to a determination of a case only if the dispute is substantial from an evidentiary standpoint. Jones v. Hartford Accident & Indemnity Company, Fla.App.1959, 109 So.2d 582.

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Wash. Sec. Co. v. Tracy's Plumbing & Pumps, Inc., 166 So. 2d 680 (Fla. 2d DCA 1964)
    …g' of the notice of appeal. This court has held that an order merely granting a motion to dismiss a complaint is interlocutory1 and may not he made subject to a full appeal whether it be in chancery or at law. In Thatcher v. Sullivan, Fla.App.1962, 138 So. 2d 532, an equity suit, the chancellor announced that he was going to grant the defendant’s motion to dismiss with prejudice. The plaintiff appealed and this court dismissed the appeal sua sponte in the absence of a final judgment on which it could be base…
  • Raphael v. Carner, 194 So. 2d 298 (Fla. 4th DCA 1967)
    …tory. Altiere v. Atlantic National Bank of West Palm Beach, Fla.App.1963, 155 So. 2d 386. Adding the words “with prejudice” to such an order (merely granting a motion to dismiss) does not make such an order final. Thatcher v. Sullivan, Fla.App.1962, 138 So. 2d 532. To constitute a final appealable judgment the order must go further and dismiss the cause or complaint. Shotkin v. Deehl, Fla.App.1963, 148 So. 2d 538; Schwertfeger v. Constant, Fla.App.1959, 109 So. 2d 173. It thus appears that the order appealed…
  • Sullivan v. Swift & Co., 153 So. 2d 30 (Fla. 3d DCA 1963)
    …e appellant to rescind or defeat the mortgage in question upon the ground of duress. See: Jones v. Hartford Accident and Indemnity Co., Fla.App.1959, 109 So. 2d 582; [*31] Duncan Plastering Company v. Giffen Building Specialties, Inc., Fla.App.1962, 138 So. 2d 532. Therefore, the actions of the chancellor are affirmed. Affirmed.…

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