JAMES W. HINSON, APPELLANT,
v.
ANDERSON COLUMBIA CO., INC., APPELLEE
JAMES W. HINSON, APPELLANT,
ANDERSON COLUMBIA CO., INC., APPELLEE
897 So. 2d 554
Florida District Court of Appeal, First District (2005)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
James Hinson appeals from the trial court’s order granting summary final judgment. Summary judgment is proper only when no genuine issue of material fact exists, after all reasonable inferences have been drawn in favor of the party opposing summary judgment. See Floyd v. Homes Beautiful Constr. Co., 710 So. 2d 177, 179 (Fla. 1st DCA 1998). Here, Appellant alleges the existence of a separate oral agreement which was different from the previous written agreement entered by the parties. Because the record fails to defeat this allegation, the order granting summary final judgment is REVERSED.
BARFIELD, BENTON, and HAWKES, JJ., concur.
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Grant Builders Grp., Inc. v. S. BAY ACE Hardware Lumber & Paint Co., 58 So. 3d 348 (Fla. 1st DCA 2011)…aring, and this appeal follows. “Summary judgment is proper only when no genuine issue of material fact exists, after all reasonable inferences have been drawn in favor of the party opposing summary judgment.” Hinson v. Anderson Columbia Co., Inc., 897 So. 2d 554 (Fla. 1st DCA 2005) (citing Floyd v. Homes Beautiful Constr. Co., 710 So. 2d 177, 179 (Fla. 1st DCA 1998)). An order granting final summary judgment is reviewed de novo to determine whether issues of material fact exist and whether the moving party…
Authorities Cited
- Phillip and Delores Floyd v. Homes Beautiful Constr. Co., 710 So. 2d 177 (Fla. 1st DCA 1998)