KISS LEADS, INC.
v.
GOLD & ASSOCIATES, P.A.
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A defendant seeking summary judgment on an open account claim must make a preliminary showing that there are no genuine issues of material fact and that judgment is warranted as a matter of law.
[1] To obtain summary judgment, a moving party bears the burden of demonstrating that no genuine issue of material fact exists and that it is entitled to judgment as a matter…
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Join FLexlaw to unlock all legal intelligenceKiss Leads, Inc. brought claims for breach of contract and open account against Gold & Associates P.A., Ticket Clinic PLC, and Mark Gold. The circuit …
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PER CURIAM.
Kiss Leads, Inc. challenges a final judgment entered against it on its (1) breach of contract claim against Gold & Associates P.A., Ticket Clinic PLC, and Mark Gold, individually, (2) breach of contract claim against Gold & Associates P.A., (3) open account claim against Gold & Associates P.A, and (4) open account claim against Ticket Clinic PLC. Upon our thorough examination of the record, we find that Gold & Associates P.A. and Ticket Clinic PLC were not entitled to summary judgment on the open account claims, as they failed to meet their preliminary burden to show there were no genuine issues of any material fact and they were entitled to judgment as a matter of law. See Fla. Nat’l Bank v. Carr & Schnell, 540 So. 2d 217, 218 (Fla. 2d DCA 1989). We affirm on all other issues.
Affirmed in part; reversed in part and remanded.