Diener & Shapiro, P.A. v. Reuben H. Donnelley Corp.

District Court of Appeal of Florida

Diener & Shapiro, P.A. v. Reuben H. Donnelley Corp.

577 So. 2d 601, 1991 Fla. App. LEXIS 1444, 1991 WL 22562

CourtDistrict Court of Appeal of Florida

DecidedFebruary 26, 1991

DocketNo. 90-1649

StatusPublished

This text of 577 So. 2d 601 (Diener & Shapiro, P.A. v. Reuben H. Donnelley Corp.) 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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Diener & Shapiro, P.A. v. Reuben H. Donnelley Corp., 577 So. 2d 601, 1991 Fla. App. LEXIS 1444, 1991 WL 22562 (Fla. Ct. App. 1991).

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PER CURIAM.

In support of its motion for summary judgment in the amount of $15,004.08 for professional services rendered pursuant to a contract, the plaintiff filed a sworn affidavit of its corporate officer.' No doubt is created as to the truthfulness of that affidavit by any opposing affidavits, business records, or deposition testimony. The defendant’s conclusory pleadings of affirmative defenses are not supported by a factual showing. On this record we must affirm the trial judge’s conclusions that there are no genuine issues of material fact, Moore v. Morris, 475 So.2d 666 (Fla.1985), and that the affirmative defenses are legally insufficient. Tippett v. Frank, 238 So.2d 671 (Fla. 3d DCA 1970).

Affirmed.

NESBITT and FERGUSON, JJ., concur.

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PER CURIAM.

In support of its motion for summary judgment in the amount of $15,004.08 for professional services rendered pursuant to a contract, the plaintiff filed a sworn affidavit of its corporate officer.' No doubt is created as to the truthfulness of that affidavit by any opposing affidavits, business records, or deposition testimony. The defendant’s conclusory pleadings of affirmative defenses are not supported by a factual showing. On this record we must affirm the trial judge’s conclusions that there are no genuine issues of material fact, Moore v. Morris, 475 So.2d 666 (Fla.1985), and that the affirmative defenses are legally insufficient. Tippett v. Frank, 238 So.2d 671 (Fla. 3d DCA 1970).

Affirmed.

NESBITT and FERGUSON, JJ., concur.

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577 So. 2d 601, 1991 Fla. App. LEXIS 1444, 1991 WL 22562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diener-shapiro-pa-v-reuben-h-donnelley-corp-fladistctapp-1991.

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