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Pylon Ent. v. Greenwich Properties-I

District Court of Appeal of Florida, Fourth District
Jun 3, 1991
578 So. 2d 1143 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-0578.

May 1, 1991. Rehearing Denied June 3, 1991.

Appeal from the Circuit Court for Palm Beach County; Edward Fine, Judge.

Gregg H. Glickstein, Boca Raton, for appellants.

Christine Rieger Milton and William S. Graessle of Mahoney Adams Criser, P.A., Jacksonville, for appellees.


This is an appeal from a final judgment entered after the trial court had resolved by summary adjudication certain affirmative defenses raised by appellants, as well as a general denial of liability by appellant, Mission Bay Development Co., Inc.

While the record contains substantial evidence contrary to the claims of the appellants, it also contains some evidence in support of those claims. Under these circumstances summary adjudication should be withheld. Moore v. Morris, 475 So.2d 666 (Fla. 1985).

Accordingly, since the final judgment was predicated upon an erroneous summary adjudication of the issues raised on appeal, we reverse and remand to the trial court for further proceedings consistent herewith.

ANSTEAD, POLEN and GARRETT, JJ., concur.


Summaries of

Pylon Ent. v. Greenwich Properties-I

District Court of Appeal of Florida, Fourth District
Jun 3, 1991
578 So. 2d 1143 (Fla. Dist. Ct. App. 1991)
Case details for

Pylon Ent. v. Greenwich Properties-I

Case Details

Full title:PYLON ENTERPRISES, LTD., A FLORIDA LIMITED PARTNERSHIP, PYLON INVESTMENT…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 3, 1991

Citations

578 So. 2d 1143 (Fla. Dist. Ct. App. 1991)