EMIL MORTON D/B/A MORTON TOWERS, AND MARKOWITZ BROS., INC., A FLORIDA CORPORATION, APPELLANTS,
v.
THE MASTAN CO., INC., A DELAWARE CORPORATION, APPELLEE

Fla. 3d DCA | 1966-01-04
No. 65-425
Before TILLMAN PEARSON, CARROLL and BARKDULL, JJ.
181 So. 2d 575 Florida District Court of Appeal, Third District (1966) Caution
Cited by 47 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed upon authority of the rule stated in Hardcastle v. Mobley, Fla.App.1962, 143 So.2d 715, and approved in Harvey Building, Inc. v. Haley, Fla.1965, 175 So. 2d 780; i. e., after the movant has offered sufficient admissible evidence to support his claim of the nonexistence of a genuine issue as to any material fact, the party moved against by summary judgment must come forward with facts contradicting those submitted by the movant and demonstrating a real issue between the parties.

Affirmed.


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  • …round that it conflicts with Berenson v. World Jai-Alai, Inc., 374 So. 2d 35 (Fla. 3d DCA 1979), Hales v. Ashland Oil, Inc., 342 So. 2d 984 (Fla. 3d DCA 1977), cert. denied, 359 So. 2d 1214 (Fla.1978), and John B. Reid & Associates, Inc. v. Jimenez, 181 So. 2d 575 (Fla. 3d DCA 1965). We have jurisdiction, Article V, section 3(b)(3), Florida Constitution, and we approve the decision in part and disapprove it in part. Petitioners were sued by respondents in a two-count complaint. Count I alleged tortious inter…
  • Symon v. J. Rolfe Davis, Inc., 245 So. 2d 278 (Fla. 4th DCA 1971)
    …l rights, (2) an intentional and unjustified interference with that relationship by the defendant, and (3) damage to the plaintiff as a result of the breach of the business relationship. Cf., John B. Reid & Associates, Inc. v. Jimenez, Fla.App.1965, 181 So. 2d 575; Mead Corporation v. Mason, Fla. App.1966, 191 So. 2d 592. Again in the case sub judice we have been unable to find any evidence or reasonable inferences therefrom of an interference by defendants in the business relationship between plaintiff and…
  • …insurance company clients, pursuant to which appellee had legal rights. These legal rights need not have been evidenced by an enforceable contract. Azar v. Lehigh Corp., 364 So. 2d 860 (Fla.2d DCA 1978); John B. Reid and Associates, Inc. v. Jimenez, 181 So. 2d 575 (Fla.3d DCA 1965); Franklin v. Brown, 159 So. 2d 893 (Fla.1st DCA 1964). Secondly, for the reasons herein set forth, we find an intentional and unjustified interference with those relationships by all appellants. The question of whether appellants…

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