FONTAINEBLEAU HOTEL CORPORATION, APPELLANT,
v.
SOUTHERN FLORIDA HOTEL AND MOTEL ASSOCIATION, APPELLEE
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The court held that summary judgment was improperly granted because genuine issues of material fact existed regarding the defendant's membership status and liability for dues.
The plaintiff-Association sued the defendant for back dues for 1971 and 1972. The defendant claimed it had orally resigned in 1970 and disputed contin…
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PER CURIAM.
Appellant-defendant seeks review of an adverse summary judgment ordering the payment of back dues for the year 1971 and 1972 to the appellee-plaintiff. We reverse.
The appellant answered the complaint and affirmatively defended on the ground that it orally resigned from the plaintiff-Association in 1970, and therefore was not liable for dues subsequent thereto.
In addition, the appellant challenged the appellee’s contention that its attendance at certain of the Association meetings in 1971 and 1972 manifested its continued membership in the organization. And, appellant further contradicts the appellee’s contention that it willingly received substantial labor arbitration benefits from the Association.
It is axiomatic that summary judgments should be granted with great caution, and where there exist issues which are in conflict as reflected by the pleadings, and the record before the trial court supports the conflict in factual matters, a summary judgment should not be granted. Bishop v. City of Clearwater, Fla.App.1972, 258 So. 2d 337; Benson v. Atwood, Fla.App.1965, 177 So. 2d 380; Bache v. Lefcoe, Fla.App.1964, 162 So. 2d 525; Posey v. Pensacola Tractor & Equipment Co., Fla.App. 1962, 138 So. 2d 777.
Our review of the record in this case indicates the existence of factual issues which should be resolved by the trier of fact following a final hearing where both parties have a full opportunity to submit evidence.
Therefore, for the reasons stated, the judgment appealed is reversed and remanded for further proceedings.
Reversed and remanded.
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Burton Levey v. Getelman, 408 So. 2d 663 (Fla. 3d DCA 1981)…d facts. Summary judgment is improper where, as in this instance, the pleadings and record reflect conflicting issues of material fact. Holl v. Talcott, 191 So. 2d 40 (Fla. 1966); Fontainebleau Hotel Corp. v. Southern Florida Hotel and Motel Ass’n, 294 So. 2d 390 (Fla. 3d DCA), cert. denied, 304 So. 2d 132 (Fla.1974). Unresolved issues exist relative to whether Getelman’s representation to Levey that he had no knowledge regarding the City’s interest in the property was false and whether Levey relied upon thi…
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Franklin Cnty. v. Leisure Props., Ltd., 430 So. 2d 475 (Fla. 1st DCA 1983)…el. In this appeal we are called upon to review the granting of motions for summary judgments and we are mindful that summary judgments should be granted with great caution. Fontainebleau Hotel Corp. v. Southern Florida Hotel and Motel Association, 294 So. 2d 390 (Fla. 3d DCA 1974). If there are issues of material fact and the slightest doubt remains, the remedy cannot be granted. Williams v. City of Lake City, 62 So. 2d 732 (Fla.1953). Even where the facts are undisputed, issues as to the interpretation of…
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Chillemi v. Rorabeck, 629 So. 2d 206 (Fla. 4th DCA 1993)…in the record refuting the claims contained in the second amended complaint. Although a summary judgment should not be granted where there is a conflict reflected by the pleadings, Fontainebleau Hotel Corp. v. Southern Florida Hotel & Motel Assoc., 294 So. 2d 390 (Fla. 3d DCA), cert. denied, 304 So. 2d 132 (Fla.1974), here there is an absence of any legal pleadings showing disputed facts. Where a defendant fails to provide an answer or responsive pleading, he waives defenses that could have been raised in th…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Edsel Posey v. Pensacola Tractor & Equip. Co., Inc., 138 So. 2d 777 (Fla. 1st DCA 1962)
- Cornell Benson v. Atwood, 177 So. 2d 380 (Fla. 1st DCA 1965)
- Helyn Bishop v. City OF Clearwater, 258 So. 2d 337 (Fla. 2d DCA 1972)
- Bache v. Edythe Lefcoe, 162 So. 2d 525 (Fla. 3d DCA 1964)