Emerald Coast Light. v. Crystal Beach Dev.
This text of 917 So. 2d 287 (Emerald Coast Light. v. Crystal Beach Dev.) 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.
Opinion
EMERALD COAST LIGHTING & SUPPLY, INC., Appellant,
v.
CRYSTAL BEACH DEVELOPMENT CO. OF NORTHWEST FLORIDA, Appellee.
District Court of Appeal of Florida, First District.
James Harvey Tipler of The Law Practice of James H. Tipler, Destin, for Appellant.
John R. Dowd, Jr. of Dowd Law Firm, Destin, for Appellee.
PER CURIAM.
We find that genuine issues of material fact exist in this case concerning payment of the promissory notes because appellant adequately, although not artfully, raised the issue of payment in response to appellee's motion for summary judgment. See DeAtley v. McKinley, 497 So.2d 962, 963 (Fla. 1st DCA 1986) ("[I]n a summary judgment proceeding, the trial court should look beyond the pleadings to determine whether genuine material facts are in dispute. The affirmative defenses raised in the appellants' affidavits in opposition to summary judgment, although not properly pled, disclose the existence of genuine issues of material fact." (case citations omitted)).
*288 Accordingly, we REVERSE the order granting summary judgment and REMAND for further proceedings.
KAHN, C.J., HAWKES, and THOMAS, JJ., concur.
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917 So. 2d 287, 2005 WL 3453958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emerald-coast-light-v-crystal-beach-dev-fladistctapp-2005.