STATE ROAD DEPARTMENT OF FLORIDA, AN AGENCY OF THE STATE OF FLORIDA, APPELLANT,
v.
CONE BROTHERS CONTRACTING COMPANY, A FLORIDA CORPORATION, APPELLEE
STATE ROAD DEPARTMENT OF FLORIDA, AN AGENCY OF THE STATE OF FLORIDA, APPELLANT,
CONE BROTHERS CONTRACTING COMPANY, A FLORIDA CORPORATION, APPELLEE
227 So. 2d 531
Florida District Court of Appeal, First District (1969)
Positive Treatment
Cited by 4 cases
Opinion of the Court
This cause having been orally argued before the Court, the briefs and record on appeal having been read and given full consideration, and the appellant having failed to demonstrate reversible error, the judgment of the lower court is affirmed.
JOHNSON, C. J., and CARROLL, DONALD K., and RAWLS, JJ., concur.
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Dobrow v. J.D. Bryant, Jr., 427 So. 2d 809 (Fla. 5th DCA 1983)…idavit he claims that it was material. Where, as here, both parties file affidavits putting a material fact in issue, summary judgment is inappropriate. See, e.g., Owen v. Owen, 234 So. 2d 165 (Fla. 1st DCA 1970); Wahlberg v. Miami Military Academy, 227 So. 2d 531 (Fla. 3d DCA 1969). For the reasons stated herein, we reverse the summary judgment as to Georgette Do-brow in its entirety; and we reverse the summary denial of Oscar Dobrow’s counterclaim. We affirm the balance of the summary judgment and remand t…
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Helm v. Kohuth, 274 So. 2d 31 (Fla. 4th DCA 1973)…onstrated genuine issues of material fact which precluded entry of judgment as a matter of law upon this issue. Weinstein v. General Accident Fire & Life Assurance Co., Fla.App.1962, 141 So. 2d 318; Wahlberg v. Miami Military Academy, Fla.App. 1969, 227 So. 2d 531; Ocala Stud Farms, Inc. v. Drinkhouse, Fla.App.1972, 257 So. 2d 587. The final judgment and assessment of costs hinged upon the above decision and same must be and are reversed and the cause remanded with instructions to grant the parties a full tr…