SHERMAN v. WEINTRAUB

No. 60-556.

132 So.2d 421 (1961)

M. Tony SHERMAN, Appellant, v. Albert L. WEINTRAUB and A. Jay Cristol a Partnership, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied September 14, 1961.


Attorney(s) appearing for the Case

Courshon & Goldworn, Miami Beach, for appellant.

Albert L. Weintraub and A. Jay Cristol. Miami, for appellees.

Before PEARSON, TILLMAN, C.J., CARROLL, J., and CHRISTIE, FRANCIS J., Associate Judge.


PER CURIAM.

The defendant appeals a summary final judgment for plaintiff. The action was to recover for personal services rendered. It is urged that (a) there was a genuine issue as to material facts, and (b) the trial judge erred in considering an affidavit of plaintiff served three days before the time fixed for the hearing.

The appellee as movant for summary judgment timely served affidavits sufficient to establish each element of his case. The appellant...

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