Roberts v. Southeastern Development Corp.

District Court of Appeal of Florida

Roberts v. Southeastern Development Corp.

398 So. 2d 922, 1981 Fla. App. LEXIS 19700

CourtDistrict Court of Appeal of Florida

DecidedMay 6, 1981

DocketNo. 80-599

StatusPublished

Cited by1 cases

This text of 398 So. 2d 922 (Roberts v. Southeastern Development 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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Roberts v. Southeastern Development Corp., 398 So. 2d 922, 1981 Fla. App. LEXIS 19700 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

Plaintiff appeals from an adverse final summary judgment. We affirm the summary judgment but remand for further proceedings pursuant to Hart Properties, Inc. v. Slack, 159 So.2d 482 (Fla.1963); Forte v. Tripp & Skrip, 339 So.2d 698 (Fla.3d DCA 1976); and Worrell v. John F. Kennedy Memorial Hospital, Inc., 384 So.2d 897 (Fla. 4th DCA 1980). The pleadings, depositions, and affidavits in the record on appeal show the presence of an unresolved factual issue as to waiver of certain contractual provisions on the part of the defendant. Amendments to the pleadings should be allowed in accordance with the above authorities.

AFFIRMED AND REMANDED.

BERANEK and HERSEY, JJ., and SCHWARTZ, ALAN R., Associate Judge, concur.

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PER CURIAM.

Plaintiff appeals from an adverse final summary judgment. We affirm the summary judgment but remand for further proceedings pursuant to Hart Properties, Inc. v. Slack, 159 So.2d 482 (Fla.1963); Forte v. Tripp & Skrip, 339 So.2d 698 (Fla.3d DCA 1976); and Worrell v. John F. Kennedy Memorial Hospital, Inc., 384 So.2d 897 (Fla. 4th DCA 1980). The pleadings, depositions, and affidavits in the record on appeal show the presence of an unresolved factual issue as to waiver of certain contractual provisions on the part of the defendant. Amendments to the pleadings should be allowed in accordance with the above authorities.

AFFIRMED AND REMANDED.

BERANEK and HERSEY, JJ., and SCHWARTZ, ALAN R., Associate Judge, concur.

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398 So. 2d 922, 1981 Fla. App. LEXIS 19700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-southeastern-development-corp-fladistctapp-1981.

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