Hawthorne Electric Corp. v. Executone Systems, Inc.

District Court of Appeal of Florida

Hawthorne Electric Corp. v. Executone Systems, Inc.

531 So. 2d 1064, 13 Fla. L. Weekly 2312, 1988 Fla. App. LEXIS 4499, 1988 WL 103920

CourtDistrict Court of Appeal of Florida

DecidedOctober 12, 1988

DocketNo. 87-2923

StatusPublished

This text of 531 So. 2d 1064 (Hawthorne Electric Corp. v. Executone Systems, 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.

Bluebook

Hawthorne Electric Corp. v. Executone Systems, Inc., 531 So. 2d 1064, 13 Fla. L. Weekly 2312, 1988 Fla. App. LEXIS 4499, 1988 WL 103920 (Fla. Ct. App. 1988).

Pincite

Opinion

LETTS, Judge.

In this controversy between a supplier and a subcontractor, the former was granted a motion for summary judgment for the [1065]*1065unpaid balance of supplies and labor furnished to a hospital. We reverse.

There are obvious unresolved issues of material fact. Affirmative defenses and an affidavit filed by the subcontractor bring into question whether it is liable for this balance. There is evidence in the record that the supplier was dealing directly with the hospital, the hospital itself was ordering supplies and the supplier accepted partial payments directly from the hospital.

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.

ANSTEAD and WALDEN, JJ., concur.

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LETTS, Judge.

In this controversy between a supplier and a subcontractor, the former was granted a motion for summary judgment for the [1065]*1065unpaid balance of supplies and labor furnished to a hospital. We reverse.

There are obvious unresolved issues of material fact. Affirmative defenses and an affidavit filed by the subcontractor bring into question whether it is liable for this balance. There is evidence in the record that the supplier was dealing directly with the hospital, the hospital itself was ordering supplies and the supplier accepted partial payments directly from the hospital.

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.

ANSTEAD and WALDEN, JJ., concur.

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Bluebook (online)

531 So. 2d 1064, 13 Fla. L. Weekly 2312, 1988 Fla. App. LEXIS 4499, 1988 WL 103920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawthorne-electric-corp-v-executone-systems-inc-fladistctapp-1988.