BOOKER T. WASHINGTON BARKER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Alls v. 7-Eleven Food Stores, Inc., 366 So. 2d 484 (Fla. 3d DCA 1979)
  …advantage of a defense which is common to all. Edwards v. Schilling, 14 Fla.Supp. 7 (Fla. 4th Cir. 1959); 47 Am.Jur.2d, Judgments, § 1160; 19 Fla.Jur., Judgments [*486] and Decrees, § 314 (1978 Supp.); Anno. 78 A.L.R. 938; Compare: Blatch v. Wesley, 238 So. 2d 308 (Fla. 3d DCA 1970). Second, it would be proper for a trial judge to enter a summary judgment for a defaulting defendant when it is apparent that the plaintiff can recover no damages against the defaulting defendant. Fields v. Quillian, 74 So. 2d 230…
• Bartlett Constr., Inc. v. Coastal Plains, Inc., 353 So. 2d 892 (Fla. 3d DCA 1977)
  …o object to the abbreviated time span and (3) implicit in every pre-trial conference is the possibility that summary judgment might be rendered, appellant’s contention must be rejected. Roberts v. Braynon, 90 So. 2d 623 (Fla.1956); Blatch v. Wesley, 238 So. 2d 308 (Fla. 3d DCA 1970), cert. den., 240 So. 2d 645 (Fla.1970); Raphael v. Koretzky, 102 So. 2d 746 (Fla. 3d DCA 1958). Appellant’s second contention must be likewise rejected in that, by virtue of the record placed before this court, there are no genui…
• The Ultimate Corp. v. CG Data Corp., 575 So. 2d 1338 (Fla. 3d DCA 1991)
  …rocedure require that there be twenty-five days’ notice. Fla.R.Civ.P. 1.510(c) and 1.090(e). The defendants waived any objection to the timeliness of the service by timely filing affidavits opposing the summary judgment motion. See Blatch v. Wesley, 238 So. 2d 308 (Fla. 3d DCA), cert. denied, 240 So. 2d 645 (Fla.1970); Bernard Marko & Assoc., Inc. v. Steele, 230 So. 2d 42 (Fla. 3d DCA 1970). It is thus evident that the timeliness of notice was adequate and the rule served its purpose; accordingly, any error i…

Authorities Cited

• Champlin v. State, 122 So. 2d 412 (Fla. 2d DCA 1960)
• Kaminski v. State, 72 So. 2d 400 (Fla. 1954)