Kelly v. Patek
This text of 172 So. 2d 520 (Kelly v. Patek) 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
This is the second appearance of this cause in this court. See: Patek v. Associated Insurance Underwriters, Inc., Fla.App.1964, 160 So.2d 721.
Following the rendition of our opinion and mandate in this matter, the cause returned to the trial court whereupon the plaintiff, the appellee herein, moved for a summary judgment and for a final judgment. The matter came on for hearing before the trial judge, and the defendant failed to file any responsive affidavits or evidence to the motion.
No error has been demonstrated in the entry of the summary judgment here under review, in light of the admissions contained in the pleadings and evidence made by the appellant. See: Connelly v. Sebeco, Inc., Fla.1956, 89 So.2d 482; Pritchard v. Peppercorn and Peppercorn, Inc., Fla.1957, 96 So.2d 769; Crovella v. Cochrane, Fla.App.1958, 102 So.2d 307; Weber v. City of Hollywood, Fla.App.1960, 120 So.2d 826; Hardcastle v. Mobley, Fla.App.1962, 143 So.2d 715.
Therefore, the summary judgment here under review is hereby affirmed.
Affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
172 So. 2d 520, 1965 Fla. App. LEXIS 4367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-patek-fladistctapp-1965.