OLIN'S, INC. v. BOARD COUNTY COMM'RS OF DADE COUNTY

No. 63-862.

165 So.2d 427 (1964)

OLIN'S, INC., a Florida corporation, and United States Fidelity and Guaranty Company, a Maryland corporation, Appellants, v. BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, Florida, acting as the Dade County Port Authority, Appellee.

District Court of Appeal of Florida. Third District.

June 23, 1964.


Attorney(s) appearing for the Case

Achor & Achor, Miami, for appellants.

James F. Eckhart, Gen. Counsel, and Thomas G. Spicer, Asst. Gen. Counsel, for appellee.

Before CARROLL, HORTON and TILLMAN PEARSON, JJ.


TILLMAN PEARSON, Judge.

The determinative question on this appeal is whether on this record it was error to enter a summary final judgment for the plaintiff, appellee, prior to the filing of defendant's answer. We hold that the judgment was erroneously entered because of the rule that a plaintiff's motion for summary judgment before the defendant has answered should be denied unless it is clear that an issue of material fact cannot be presented. Olin's, Inc. v. Avis...

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