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Playcare, Inc. v. Battaglia

District Court of Appeal of Florida, Fourth District
Jul 6, 1973
280 So. 2d 34 (Fla. Dist. Ct. App. 1973)

Opinion

No. 72-904.

July 6, 1973.

Appeal from the Circuit Court, Seminole County, Roger F. Dykes, J.

John L. O'Brien, of Clarke, O'Brien Wutt, Deerfield Beach, for appellant.

George E. Adams, Orlando, for 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.


Summaries of

Playcare, Inc. v. Battaglia

District Court of Appeal of Florida, Fourth District
Jul 6, 1973
280 So. 2d 34 (Fla. Dist. Ct. App. 1973)
Case details for

Playcare, Inc. v. Battaglia

Case Details

Full title:PLAYCARE, INC., A FLORIDA CORPORATION, APPELLANT, v. JOSEPH BATTAGLIA…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 6, 1973

Citations

280 So. 2d 34 (Fla. Dist. Ct. App. 1973)

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