INTERNATIONAL MARINE AND ELECTRONIC SUPPLY, INC., APPELLANT,
v.
NEW SUPPORT SERVICES, INC., ET AL., APPELLEES

Fla. 3d DCA | 2008-09-10
No. 3D07-3237
Before GERSTEN, C.J., and ROTHENBERG, J„ and SCHWARTZ, Senior Judge.
990 So. 2d 1173 Florida District Court of Appeal, Third District (2008)

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Synopsis

International Marine and Electronic Supply sued New Support Services for non-payment of goods on four invoices. The trial court granted summary judgment for the defendants, and the appellate court affirmed, finding no genuine issue of material fact existed.


Holding

Summary judgment was properly entered for the defendants because they conclusively demonstrated that no genuine issue of material fact exists and that they are entitled to judgment as a matter of law.


Key Quotes

“the defendants have conclusively demonstrated that no genuine issue of material fact exists and that they are entitled to judgment as a matter of law”

Establishes the standard for summary judgment and the basis for affirming the trial court's decision

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Facts & Procedural History

The plaintiff International Marine and Electronic Supply filed an amended complaint seeking damages for non-payment of goods referenced in four specif…

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Opinion of the Court
ROTHENBERG, Judge.

ROTHENBERG, Judge.

The plaintiff, International Marine and Electronic Supply, Inc., appeals from a final summary judgment entered in favor of the defendants, New Support Services, Inc., et al. We affirm.

The plaintiff filed an amended complaint, seeking damages for the non-payment of goods referenced in four specific invoices. The defendants filed a motion for summary judgment, attaching, among other things, credit memos issued by the plaintiff and the deposition of the plaintiffs president, Jorge Bergara. The trial court granted the defendants’ motion, and thereafter entered final summary judgment in favor of the defendants.

Viewing the record on appeal as we must, in the light most favorable to the plaintiff as the non-moving party, we affirm the trial court’s order entering final summary judgment as the defendants have conclusively demonstrated that no genuine issue of material fact exists and that they are entitled to judgment as a matter of law. See Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126, 130 (Fla.2000); Rodriguez v. City of Key West, 981 So. 2d 664, 665 (Fla. 3d DCA 2008).

Affirmed.


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