Pile v. Geltex Trading Corp.

District Court of Appeal of Florida

Pile v. Geltex Trading Corp.

610 So. 2d 738, 1993 Fla. App. LEXIS 46, 1993 WL 5841

CourtDistrict Court of Appeal of Florida

DecidedJanuary 13, 1993

DocketNo. 91-1061

StatusPublished

Cited by1 cases

This text of 610 So. 2d 738 (Pile v. Geltex Trading 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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Pile v. Geltex Trading Corp., 610 So. 2d 738, 1993 Fla. App. LEXIS 46, 1993 WL 5841 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

This is an appeal from a summary final judgment entered against the defendant-appellant which awards money damages to the plaintiff-appellee. The complaint alleged causes of action for an accounting, breach of a joint venture agreement, civil theft, fraud, and unjust enrichment. The defendant was not present at the hearing on the summary judgment motion.

We reverse, first, because the record does not establish that the defendant received copies of either the Motion for Summary Judgment or the Notice of Hearing, Mondestin v. Duval Fed. Sav. and Loan Ass’n, 500 So.2d 580 (Fla. 4th DCA 1986), and, second, because the plaintiff failed to disprove opposing affirmative defenses or establish that said defenses were insufficient as a matter of law. Elkins v. Barbella, 603 So.2d 726 (Fla. 4th DCA 1992).

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.

LETTS and POLEN, JJ., and ALDERMAN, JAMES E., Senior Justice, concur.

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