Opinion
No. AW-283.
July 3, 1984. Rehearing Denied July 31, 1984.
Appeal from Circuit Court, Duval County; Thomas D. Oakley, Judge.
Samuel D. Armstrong of Mathews, Osborne, McNatt, Gobelman Cobb, Jacksonville, for appellants.
Charles T. Boyd, Jr. of Boyd, Jenerette, Staas, Joos, Williams Felton, Jacksonville, for appellees.
The summary judgment entered in favor of defendants/appellees was based upon affirmative defenses which had not been timely and properly raised prior to the summary judgment hearing. We are unable to conclude from the record in this case that the circumvention of the requisite summary judgment procedures was harmless or that the defendants will inevitably be entitled to summary judgment after further proceedings.
REVERSED.
THOMPSON, NIMMONS and BARFIELD, JJ., concur.