Kay v. Hashemi

District Court of Appeal of Florida

Kay v. Hashemi

518 So. 2d 950, 13 Fla. L. Weekly 130, 1988 Fla. App. LEXIS 29, 1988 WL 128

CourtDistrict Court of Appeal of Florida

DecidedJanuary 6, 1988

DocketNo. 87-0399

StatusPublished

This text of 518 So. 2d 950 (Kay v. Hashemi) 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

Kay v. Hashemi, 518 So. 2d 950, 13 Fla. L. Weekly 130, 1988 Fla. App. LEXIS 29, 1988 WL 128 (Fla. Ct. App. 1988).

Pincite

Opinions

PER CURIAM.

We reverse the order of the trial court granting appellee’s motion to strike sham pleading and entering judgment in favor of appellee because the record does not support a finding that appellant’s pleadings were palpably or inherently false. See e.g. Slatko v. Virgin, 328 So.2d 499 (Fla. 3d DCA 1976). Florida Rule of Civil Procedure 1.140(f) does not contain a provision allowing the trial court to enter summary judgment.

Accordingly, we reverse without prejudice to appellee to move for summary judgment by appropriate motion.

REVERSED and REMANDED.

[951]*951DELL and GUNTHER, JJ., concur. GLICKSTEIN, J., concurs specially with opinion.

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