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GULFPORT GUARANTY & FIDELITY CORP. v. BURNS

No. 76-984.

338 So.2d 1321 (1976)

GULFPORT GUARANTY & FIDELITY CORPORATION, a Florida Corporation, Appellant, v. Harry E. BURNS, III, d/b/a Burns Lath Company, et al., Appellees.

District Court of Appeal of Florida, Second District.

November 10, 1976.

Attorney(s) appearing for the Case

Lewis R. Pearce, of Spielvogel, Goldman & Pearce, P.A., Merritt Island, for appellant.

Lewis H. Homer, III, Clearwater, for appellee Burns.

PER CURIAM.

The appellant has not carried the burden of proving that there are no genuine issues of any material fact remaining to be adjudicated at trial. Therefore, the court properly denied appellant's motion for summary judgment. See Smith v. Avis Rent-A-Car System, Inc., 297 So.2d 841 (Fla.2d DCA 1974).

AFFIRMED.

HOBSON, Acting C.J., and BOARDMAN and...

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