MISS DORISSA, INC., APPELLANT,
v.
CROMPTON-RICHMOND, INC., APPELLEE

Fla. 3d DCA | 1967-07-11
No. 66-958
Before PEARSON, BARKDULL and HENDRY, JJ.
201 So. 2d 84 Florida District Court of Appeal, Third District (1967)

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Synopsis

The appellate court reversed a summary judgment, finding that the record did not demonstrate the absence of genuine issues of material fact. The case was remanded for the trial court to consider evidence on the pleaded issues.


Holding

Yes, the trial court erred in granting summary judgment because the record failed to demonstrate the absence of genuine issues of material fact.


Key Quotes

“The record on appeal fails to demonstrate that there was no genuine issue of a material fact under the issues as made by the original complaint and general denial answer thereto.”

This quote explains the primary reason for reversing the summary judgment.

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Facts & Procedural History

The appellee, an alleged assignee of accounts payable, obtained a summary judgment against the appellant. The appellant had denied the assignment in i…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal questions the correctness of a summary judgment rendered in favor of the appellee, an alleged assignee of certain accounts payable due from the appellant to a third party. We reverse.

The record on appeal fails to demonstrate that there was no genuine issue of a material fact under the issues as made by the original complaint and general denial answer thereto. See: Harvey Building, Inc. v. Haley, Fla.1965, 175 So.2d 780; Holl v. Talcott, Fla.1966, 191 So.2d 40; Deehl v. Sparks Construction Co., Inc., Fla.App.1966, 191 So.2d 605; Visingardi v. Tirone, Fla.1966, 193 So.2d 601.

This cause is remanded to the trial court for the purpose of receiving evidence on the issues as made by the pleadings and rendition of a final judgment thereon.

Reversed and remanded with directions.


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