Conesco Industries, Ltd. v. Southern Standard Builders, Inc.

District Court of Appeal of Florida

Conesco Industries, Ltd. v. Southern Standard Builders, Inc.

489 So. 2d 875, 11 Fla. L. Weekly 1324, 1986 Fla. App. LEXIS 8264

CourtDistrict Court of Appeal of Florida

DecidedJune 11, 1986

DocketNo. 85-1253

StatusPublished

Cited by1 cases

This text of 489 So. 2d 875 (Conesco Industries, Ltd. v. Southern Standard Builders, 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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Conesco Industries, Ltd. v. Southern Standard Builders, Inc., 489 So. 2d 875, 11 Fla. L. Weekly 1324, 1986 Fla. App. LEXIS 8264 (Fla. Ct. App. 1986).

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Opinion

GUNTHER, Judge.

Conesco Industries (“Conesco”) appeals from an adverse summary judgment entered in favor of Haynes and Mouw, Inc. (“Haynes”). We reverse.

It is well settled that a court may only enter a summary judgment where there is a complete absence of a genuine issue of material fact. Holl v. Talcott, 191 So.2d 40 (Fla.1966). In this case, there is a genuine issue of material fact as to whether Haynes waived its rights or subsequently modified the agreement Haynes had with Southern to pay the debts of Southern.

We conclude that the summary judgment granted Haynes against Conesco was improper because Haynes failed to demonstrate the complete absence of genuine issues of material fact. Cf. Walter v. Mirabella, 367 So.2d 704 (Fla. 2d DCA 1979) (summary judgment in favor of the appel-lee/seller on the issue of waiver improper despite appellant/purchaser’s apparent failure to comply with the terms on the face of the contract).

REVERSED AND REMANDED.

WALDEN and STONE, JJ., concur.

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