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Falls Poultry Distributing Co. v. Canner

FALLS POULTRY DISTRIBUTING CO., a Florida Corporation v. Arlene CANNER

Falls Poultry Distrib. Co. v. Canner, 372 So. 2d 129 (Fla. Dist. Ct. App. 1979)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
June 5, 1979
Docket
No. 78-1835
Judges
Bill, Chappell, Pearson, Schwartz
Citations
372 So. 2d 1291979 Fla. App. LEXIS 15314

Opinion of the Court

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PER CURIAM.

The summary judgment for the defendant entered below is reversed and the cause remanded for further proceedings. The defendant’s affidavit, which was filed before answer and which did no more than generally deny the allegations of the complaint in conclusory terms, did not sustain her affirmative burden to demonstrate conclusively the absence of a genuine issue of material fact. Holl v. Talcott, 191 So.2d 40 , 45 (Fla.1966); Silber v. Campus Sweater & Sportswear, 313 So.2d 409 (Fla.1st DCA 1975); Hurricane Boats, Inc. v. Certified Industrial Fabricators, Inc., 246 So.2d 174 (Fla.3d DCA 1971), and cases cited; see Pino v. Lopez, 361 So.2d 192 (Fla.3d DCA 1978), cert. dism. 365 So.2d 714 (Fla.1978); Freeman v. Equilease Corp., 346 So.2d 619 (Fla.3d DCA 1977). Moreover, the summary judgment was prematurely entered before the completion of discovery. Cullen v. Big Daddy’s Lounges, Inc., 364 So.2d 839 *130 (Fla.3d DCA 1978); Commercial Bank of Kendall v. Heiman, 322 So.2d 564 (Fla.3d DCA 1975).

Reversed and remanded.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1979: 11980: 11981: 119792026peak 1979 · 1

Relies on it most ⓘ

  1. Seinfeld v. Commercial Bank & Trust Co.405 So. 2d 1039 (Fla. Dist. Ct. App. 1981)
  2. Gadsden County Times Inc. v. Horne382 So. 2d 347 (Fla. Dist. Ct. App. 1980)
  3. Falls Poultry Distributing Co. v. Canner Realty Corp.372 So. 2d 982 (Fla. Dist. Ct. App. 1979)

Most recent

  1. Seinfeld v. Commercial Bank & Trust Co.405 So. 2d 1039 (Fla. Dist. Ct. App. 1981)
  2. Gadsden County Times Inc. v. Horne382 So. 2d 347 (Fla. Dist. Ct. App. 1980)
  3. Falls Poultry Distributing Co. v. Canner Realty Corp.372 So. 2d 982 (Fla. Dist. Ct. App. 1979)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

DepthCaseCited by
Pino v. Lopez, 361 So. 2d 192 (Fla. Dist. Ct. App. 1978) 20
Hurricane Boats, Inc. v. Certified Indus. Fabricators, 246 So. 2d 174 (Fla. Dist. Ct. App. 1971) 18
Commercial Bank of Kendall v. Heiman, 322 So. 2d 564 (Fla. Dist. Ct. App. 1975) 13
Cullen v. Big Daddy's Lounges, Inc., 364 So. 2d 839 (Fla. Dist. Ct. App. 1978) 9
Silber v. Campus Sweater & Sportswear, 313 So. 2d 409 (Fla. Dist. Ct. App. 1975) 9
Freeman v. Equilease Corp., 346 So. 2d 619 (Fla. Dist. Ct. App. 1977) 7

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