PLAYCARE, INC., A FLORIDA CORPORATION, APPELLANT,
v.
JOSEPH BATTAGLIA, APPELLEE
This is an appeal of a summary judgment entered in plaintiff-appellee’s favor in a suit for foreclosure of a mechanic’s lien.
The pleadings, affidavits and counter-affidavits reveal there was a genuine issue of material fact precluding summary judgment. Specifically, defendant admits an oral contract for extras, but the question is raised whether the defendant-appellant had, in fact, paid others directly for the extras so as to offset the total amount due to plaintiff. Since fact issues exist, summary judgment was prematurely entered and we, therefore, reverse and remand for proceedings consistent herewith. Rule 1.-510(c), F.R.C.P., 31 F.S.A.; Graham v. First Marion Bank, Fla.App.1970, 237 So. 2d 793.
Reversed and remanded.
WALDEN, OWEN and MAGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Reed v. JIM Moran Pontiac, Inc., 292 So. 2d 392 (Fla. 4th DCA 1974)…t is our view that there were genuine issues as to material facts that stood in, the way of defendant’s motion for summary judgment. Rule 1.510 F.R.C.P., 31 F.S.A., Marden v. Marden, 276 So. 2d 493 (4th D.C.A.Fla. 1973); Playcare, Inc. v. Battaglia, 280 So. 2d 34 (4th D.C.A.Fla.1973); Sarasota County v. Stanton Investment Co. of Missouri, 283 So. 2d 152 (2d D.C.A.Fla.1973); American Bankers Ins. Co. of Florida v. Nolan’s Garage, Inc., 262 So. 2d 727 (3d D.C.A.Fla.1972); Williams v. Caterpillar Tractor Co., 1…
Authorities Cited
- Graham v. The First Marion Bank, 237 So. 2d 793 (Fla. 1st DCA 1970)