JACKSONVILLE TERMINAL COMPANY, A CORPORATION, APPELLANT,

v.

RAY SMITH, APPELLEE

Citator

Cited By (19 total)

• Lake v. Ilias Konstantinu and Parke, 189 So. 2d 171 (Fla. 2d DCA 1966)
  …affidavit can be admitted which would be admissible in a trial of a cause -and such affidavits must do more than allege-ultimate facts. See: Tarkoff v. Schmunk, 2d D.C.A. [*176] 1960, 117 So. 2d 442; Dean v. Gold Coast Dealers, Inc., 2d D.C.A.1963, 156 So. 2d 546. It would be most illogical to rule that equally incompetent evidence could be proffered by use of answers to interrogatories although inadmissible in affidavit form. On motions for summary judgment, it is the duty of the trial Judge under the rule…
• Hurricane Boats, Inc. v. Certified Indus. Fabricators, Inc., 246 So. 2d 174 (Fla. 3d DCA 1971)
  …ual conclusions or conclusions of law. See O’Brian Associates of Orlando, Inc. v. Tully, Fla.App.1966, 184 So. 2d 202; First Mortgage Corporation of Stuart v. deGive, Fla.App.1965, 177 So. 2d 741; and Dean v. Gold Coast Theatres, Inc., Fla.App.1963, 156 So. 2d 546. In closing, we observe that defendant’s affidavit in opposition to the motion for summary judgment was also deficient under the rule. The summary final judgment and the amended summary final judgment herein appealed be and they are hereby reversed…
• Alan and Teresa Cohen v. Kravit Est. Buyers, Inc., 843 So. 2d 989 (Fla. 4th DCA 2003)
  …4 So. 2d 265, 267 (Fla. 2d DCA 1961); Tornwall v. Carter, 106 So. 2d 96, 99 (Fla. 2d DCA 1958)). “ ‘A litigant has a right to trial where there is the slightest doubt as to the facts’ in a fraud case.” Id. (quoting Dean v. Gold Coast Theatres, Inc., 156 So. 2d 546, 549 (Fla. 2d DCA 1963)). The record in this case reflects sufficient issues of Kravit’s intent to require a jury trial on this issue. Similar problems exist as to the unjust enrichment count where Cohen never received his expected benefit under th…