JACK GREEN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Willis v. L. W. Foster Sportswear Co., Inc., 352 So. 2d 922 (Fla. 2d DCA 1977)
  …a motion for rehearing merely on the grounds that the affidavit was not filed prior to the hearing on the motion for summary judgment. See Berrol v. Concord Fla., Inc., 305 So. 2d 310 (Fla.3d DCA 1974); National Properties, Inc. v. Ballenger Corp., 277 So. 2d 29 (Fla.3d DCA 1973). We believe these holdings go too far, and are based on an erroneous interpretation of the obiter dictum in Holl v. Talcott, 191 So. 2d 40 (Fla.1966). In Holl the supreme court observed that the liberal presumptions which favor the…
• Swift Indep. Packing Co. v. Basic Food Int'l, Inc., 461 So. 2d 1017 (Fla. 4th DCA 1984)
  …e a strict reading of the papers filed by the moving party and a liberal reading and construction of the paper filed by the opposing party. See, e.g., Holl v. Talcott, 191 So. 2d 40, 46 (Fla.1966); National Properties, Inc. v. Ballenger Corporation, 277 So. 2d 29, 30 (Fla. 3d DCA 1973); Fernandez v. Cunningham, 268 So. 2d 166, 169 (Fla. 3d DCA 1972). Furthermore, it is not clear from the record in this case that Basic negated the existence of genuine issues of material fact. See Landers v. Milton, 370 So. 2…
• Berrol v. Concord Fla., Inc., 305 So. 2d 310 (Fla. 3d DCA 1974)
  …unsel asked the court to accept and consider on rehearing. The trial court denied the plaintiff’s motion for rehearing and refused to accept the affidavit. Following our decision in National Properties, Inc., v. Ballenger Corporation, Fla.App.1973, 277 So. 2d 29, and the cases cited therein, we find that the court abused its discretion by refusing to accept the affidavit in support of the motion for rehearing, which affidavit in our opinion creates a genuine issue of fact. Accordingly, we, reverse the summ…

Authorities Cited

• State v. Herzig, 208 So. 2d 619 (Fla. 1968)