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HENRY STILES, INC. v. EVANS

No. 901.

206 So.2d 65 (1968)

HENRY STILES, INC., Appellant, v. George EVANS d/b/a George Evans Company, Appellee.

District Court of Appeal of Florida. Fourth District.

Rehearing Denied February 12, 1968.

Attorney(s) appearing for the Case

Russell E. Carlisle, of Carlisle, Zeiher & Byrd, Fort Lauderdale, for appellant.

Reed A. Bryan, III, of McCune, Hiaasen, Crum & Ferris, Fort Lauderdale, for appellee.

WALDEN, Chief Judge.

This appeal concerns a conflict in the application of the Florida Rules of Civil Procedure in the summary judgment area.

Plaintiff sued defendant for breach of contract. Issue was joined.

On March 14, 1966, plaintiff moved for summary judgment, using a supporting affidavit. Hearing was set for 11:00 A.M., May 11, 1966.

On May 10, 1966, the afternoon prior to hearing, the defendant...

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