MISS DORISSA, INC., APPELLANT,
v.
CROMPTON-RICHMOND, INC., APPELLEE
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The appellate court reversed a summary judgment, finding that the record did not demonstrate the absence of genuine issues of material fact. The case was remanded for the trial court to consider evidence on the pleaded issues.
Yes, the trial court erred in granting summary judgment because the record failed to demonstrate the absence of genuine issues of material fact.
“The record on appeal fails to demonstrate that there was no genuine issue of a material fact under the issues as made by the original complaint and general denial answer thereto.”
This quote explains the primary reason for reversing the summary judgment.
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Join FLexlaw to unlock all legal intelligenceThe appellee, an alleged assignee of accounts payable, obtained a summary judgment against the appellant. The appellant had denied the assignment in i…
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This appeal questions the correctness of a summary judgment rendered in favor of the appellee, an alleged assignee of certain accounts payable due from the appellant to a third party. We reverse.
The record on appeal fails to demonstrate that there was no genuine issue of a material fact under the issues as made by the original complaint and general denial answer thereto. See: Harvey Building, Inc. v. Haley, Fla.1965, 175 So.2d 780; Holl v. Talcott, Fla.1966, 191 So.2d 40; Deehl v. Sparks Construction Co., Inc., Fla.App.1966, 191 So.2d 605; Visingardi v. Tirone, Fla.1966, 193 So.2d 601.
This cause is remanded to the trial court for the purpose of receiving evidence on the issues as made by the pleadings and rendition of a final judgment thereon.
Reversed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
- Visingardi v. Tirone, 193 So. 2d 601 (Fla. 1966)
- Holland Paving Co., Inc. v. Dann, 175 So. 2d 780 (Fla. 1965)
- Harvey Bldg., Inc. v. Ocie M. Haley, 175 So. 2d 780 (Fla. 1965)
- Smith v. State, 191 So. 2d 605 (Fla. 3d DCA 1966)