RUTH C. BUSH, D/B/A R. C. B. REALTY, APPELLANT,
v.
GEORGE E. KILPATRICK AND ELIZABETH B. KILPATRICK, HIS WIFE, AND JANIES D. FOSTER AND NATALIE J. FOSTER, HIS WIFE, APPELLEES
RUTH C. BUSH, D/B/A R. C. B. REALTY, APPELLANT,
GEORGE E. KILPATRICK AND ELIZABETH B. KILPATRICK, HIS WIFE, AND JANIES D. FOSTER AND NATALIE J. FOSTER, HIS WIFE, APPELLEES
244 So. 2d 450
Florida District Court of Appeal, Second District (1971)
Positive Treatment
Cited by 3 cases
Opinion of the Court
There are triable issues of fact requiring reversal of summary judgment on both the appeal and the cross-appeal.
Reversed and remanded.
LILES, A. C. J., and HOBSON and MANN, JJ., concur.
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Fleming v. Fleming, 710 So. 2d 601 (Fla. 4th DCA 1998)…by the mov-ant and not the result of dilatory practices; and whether the opposing party would suffer any prejudice or inconvenience as a result of a continuance. See Jean, 596 So. 2d at 1246-47; Silverman, 514 So. 2d at 78-79; Tsavaris v. Tsavaris, 244 So. 2d 450, 452-53 (Fla. 2d DCA 1971). The majority of eases finding that the trial court abused its discretion in denying a mov-ant’s motion for continuance either involve situations where the movant’s attorney withdraws on the day of or a couple days before…
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Castle Club Corp. v. Liberty Int'l, Inc., 598 So. 2d 263 (Fla. 3d DCA 1992)…appears in Florida courts). There is no evidence in the record that the prior continuances obtained in this case were engineered to prevent its orderly disposition, or that a further continuance would have been prejudicial. See Tsavaris v. Tsavaris, 244 So. 2d 450 (Fla. 2d DCA 1971) (in absence of record support for finding of dereliction on wife’s part that was prejudicial to orderly disposition of divorce action or prejudicial to court or other party, denial of wife’s motion for continuance after granting h…
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Clark v. Suncoast Peach Corp., 263 So. 2d 247 (Fla. 2d DCA 1972)…missing appellant’s defenses and granting a summary judgment on the pleadings in favor of appellee for the reason that appellant failed twice to show up for the pre-trial conference. We reverse on the authority of Tsavaris v. Tsavaris, Fla.App.1971, 244 So. 2d 450. We hasten to point out that we do not condone a party’s ignoring or disobey-in a trial court’s order. We do not believe that appellant arbitrarily disobeyed the court’s order in this instance. The use of the procedure followed here penalizes liti…