Cappello v. Flea Market U.S.A., Inc.

District Court of Appeal of Florida

Cappello v. Flea Market U.S.A., Inc.

625 So. 2d 474, 1993 Fla. App. LEXIS 11123

CourtDistrict Court of Appeal of Florida

DecidedNovember 2, 1993

DocketNo. 92-2590

StatusPublished

Cited by1 cases

This text of 625 So. 2d 474 (Cappello v. Flea Market U.S.A., 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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Cappello v. Flea Market U.S.A., Inc., 625 So. 2d 474, 1993 Fla. App. LEXIS 11123 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

We affirm the order of final summary judgment in favor of Flea Market U.S.A., Inc. Cappello’s affidavit in opposition to the motion for summary judgment failed to meet the requirements of Fla.R.Civ.P. 1.510(e), as it was not made upon personal knowledge, and did not set forth facts that would be admissible in evidence. The affidavit was based on inadmissible hearsay statements, and was not competent to defeat a motion for summary judgment. Doss v. Steger & Steger P.A., 613 So.2d 136 (Fla. 4th DCA 1993); Mullan v. Bishop of Diocese of Orlando, 540 So.2d 174 (Fla. 5th DCA 1989); Crosby v. Paxson Elec. Co., 534 So.2d 787 (Fla. 1st DCA 1988); Page v. Staley, 226 So.2d 129 (Fla. 4th DCA 1969).

AFFIRMED.

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PER CURIAM.

We affirm the order of final summary judgment in favor of Flea Market U.S.A., Inc. Cappello’s affidavit in opposition to the motion for summary judgment failed to meet the requirements of Fla.R.Civ.P. 1.510(e), as it was not made upon personal knowledge, and did not set forth facts that would be admissible in evidence. The affidavit was based on inadmissible hearsay statements, and was not competent to defeat a motion for summary judgment. Doss v. Steger & Steger P.A., 613 So.2d 136 (Fla. 4th DCA 1993); Mullan v. Bishop of Diocese of Orlando, 540 So.2d 174 (Fla. 5th DCA 1989); Crosby v. Paxson Elec. Co., 534 So.2d 787 (Fla. 1st DCA 1988); Page v. Staley, 226 So.2d 129 (Fla. 4th DCA 1969).

AFFIRMED.

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625 So. 2d 474, 1993 Fla. App. LEXIS 11123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cappello-v-flea-market-usa-inc-fladistctapp-1993.

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