WHITEHALL REALTY, INC., A FLORIDA CORPORATION, APPELLANT,

v.

CITY OF BOCA RATON, FLORIDA, A MUNICIPAL CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (16 total)

• Irving W. Landers et ux. v. Adelle L. Milton, 370 So. 2d 368 (Fla. 1979)
  …its to be supplemented or opposed by depositions, answers to interrogatories or by further affidavits. See Waldo v. United States Ramie Corp., 74 So. 2d 106 (Fla. 1954); Freeman v. Equilease Corp., 346 So. 2d 619 (Fla.3d DCA 1977); Stewart v. Gore, 314 So. 2d 10 (Fla.2d DCA 1975.) . Holding as we do that the district court erred in shifting to petitioners the burden of proof based on incompetent affidavits, we do not reach the issue framed by the purported conflict with Dibble v. Jensen.…
• First Nat'l Ent. Corp. v. Brumlik, 531 So. 2d 403 (Fla. 5th DCA 1988)
  …ED. DANIEL, J., concurs. DAUKSCH, J., dissents with opinion. . Banner v. Florida Coast Bank of Coral Springs, 390 So. 2d 126 (Fla. 4th DCA 1980); Howdeshell v. First National Bank of Clearwater, 369 So. 2d 432 (Fla. 2d DCA 1979); Stewart v. Gore, 314 So. 2d 10 (Fla. 2d DCA 1975). . See, e.g., Thompson v. Citizens National Bank of Leesburg, Florida, 433 So. 2d 32 (Fla. 5th DCA 1983); Campbell v. Salman, 384 So. 2d 1331 (Fla. 3d DCA 1980). .See, e.g., First Mortgage Investors v. Boulevard National Bank of…
• Cuyahoga Wrecking Corp. & Gray Line Sightseeing Tours, Inc. v. Mastres, 368 So. 2d 380 (Fla. 3d DCA 1979)
  …ficiency of the defense. It is reversible error for a trial court to strike a defense where evidence may be presented to support it. See, e. g., Citizens and Southern Realty Investors v. Lastition, 332 So. 2d 357 (Fla.4th DCA 1976); Stewart v. Gore, 314 So. 2d 10 (Fla.2d DCA 1975); and Windle v. Sebold, 241 So. 2d 165 (Fla.4th DCA 1970). . . ” Id. at 787. In our opinion, in the instant case, the amended complaint and Cuyahoga’s an [*383] swer raise the possibility that Cuyahoga was a general contractor on t…

Authorities Cited

• F. R. E., Inc. v. City OF Boca Raton, 283 So. 2d 48 (Fla. 4th DCA 1973)