JOSE BARED ET AL., APPELLANTS,
v.
MIAMI PROFESSIONAL SPORTS, LTD., ETC., ET AL., APPELLEES
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PER CURIAM.
We are presented here with an interlocutory appeal and a full appeal from an order dissolving a limited partnership pursuant to Section 620, Florida Statutes (1975).
The burden of respondent-appellants’ attack is that they had alleged certain defenses: (1) waiver of right to proceed for dissolution, (2) equitable estoppel of petitioners to proceed for dissolution, and (3) an implied agreement not to proceed for dissolution. It affirmatively appears from this record that the issues attempted to be raised are merely “paper issues.” The un-controverted evidence in its entirety supports the trial judge’s determination that there was nothing in the affidavits or depositions to support a genuine issue of material fact on any of the purported issues. We, therefore, affirm the summary final judgment upon the principles stated in Johnson v. Studstill, 71 So. 2d 251 (Fla.1954); and Edgewater Drugs, Inc. v. Jax Drugs, Inc., 138 So. 2d 525 (Fla. 1st DCA 1962)..
Affirmed.
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Hatcher v. B.K. Roberts, 478 So. 2d 1083 (Fla. 1st DCA 1985)…d disputing it. In addition to Connell, several decisions have recognized that a motion for summary judgment cannot be defeated simply by the mere assertion of an illusory and unsupported factual issue. E.g., Bared v. Miami Professional Sports Ltd., 353 So. 2d 167 (Fla. 3d DCA 1978); Byrd v. Leach, 226 So. 2d 866 (Fla. 4th DCA 1969); Johnson v. Studstill, 71 So. 2d 251 (Fla.1954). Accordingly, we conclude there was no genuine issue of material fact on whether the insurance funds were delivered to the mortgage…
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- Johnson v. Studstill, 71 So. 2d 251 (Fla. 1954)
- Edgewater Drugs, Inc. v. JAX Drugs, Inc., 138 So. 2d 525 (Fla. 1st DCA 1962)