Barnes v. Opa Locka Flight Center, Inc.

District Court of Appeal of Florida

Barnes v. Opa Locka Flight Center, Inc.

376 So. 2d 1215, 1979 Fla. App. LEXIS 16107

CourtDistrict Court of Appeal of Florida

DecidedNovember 20, 1979

DocketNo. 79-371

StatusPublished

This text of 376 So. 2d 1215 (Barnes v. Opa Locka Flight Center, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Barnes v. Opa Locka Flight Center, Inc., 376 So. 2d 1215, 1979 Fla. App. LEXIS 16107 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

By this appeal, we are asked to review a final order dismissing a counterclaim and granting summary judgment against the counterclaimant in the Circuit Court for the Eleventh Judicial Circuit of Florida. We reverse and remand for further proceedings upon a holding that the counterclaim states a viable cause of action sounding in breach of contract which raises on this record genuine issues of material fact as to whether there has been a breach of contract between the parties and recoverable damages as alleged in the counterclaim. As such, the dismissal of the counterclaim and the entry of summary judgment against the counterclaimant is precluded under Fla.R.Civ.P. 1.510(c). Holl v. Talcott, 191 So.2d 40 (Fla.1966); National Airlines, Inc. v. Florida Equipment Co. of Miami, 71 So.2d 741 (Fla.1954); Allington Towers North, Inc. v. Teich, 345 So.2d 745 (Fla. 4th DCA 1977); Bethlehem Steel Corp. v. Centex Homes Corp., 327 So.2d 837 (Fla. 3d DCA 1976); Fontainebleau Hotel Corp. v. Southern Florida Hotel and Motel Assn., 294 So.2d 390 (Fla. 3d DCA 1974).

Reversed and remanded.

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PER CURIAM.

By this appeal, we are asked to review a final order dismissing a counterclaim and granting summary judgment against the counterclaimant in the Circuit Court for the Eleventh Judicial Circuit of Florida. We reverse and remand for further proceedings upon a holding that the counterclaim states a viable cause of action sounding in breach of contract which raises on this record genuine issues of material fact as to whether there has been a breach of contract between the parties and recoverable damages as alleged in the counterclaim. As such, the dismissal of the counterclaim and the entry of summary judgment against the counterclaimant is precluded under Fla.R.Civ.P. 1.510(c). Holl v. Talcott, 191 So.2d 40 (Fla.1966); National Airlines, Inc. v. Florida Equipment Co. of Miami, 71 So.2d 741 (Fla.1954); Allington Towers North, Inc. v. Teich, 345 So.2d 745 (Fla. 4th DCA 1977); Bethlehem Steel Corp. v. Centex Homes Corp., 327 So.2d 837 (Fla. 3d DCA 1976); Fontainebleau Hotel Corp. v. Southern Florida Hotel and Motel Assn., 294 So.2d 390 (Fla. 3d DCA 1974).

Reversed and remanded.

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376 So. 2d 1215, 1979 Fla. App. LEXIS 16107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnes-v-opa-locka-flight-center-inc-fladistctapp-1979.

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