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WILLIS v. L.W. FOSTER SPORTSWEAR CO., INC.

No. 77-130.

352 So.2d 922 (1977)

James H. WILLIS, Jr., d/b/a Pacer Men's and Women's Wear, Appellant, v. L.W. FOSTER SPORTSWEAR CO., INC., a Pennsylvania Corporation, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 28, 1977.

Attorney(s) appearing for the Case

William F. Casler, St. Petersburg Beach, for appellant.

David A. Luczak, Largo, for appellee.

SCHEB, Judge.

The trial court awarded plaintiff/appellee a summary final judgment against defendant/appellant. On appeal we consider whether the court erred in denying defendant's motion for rehearing where the motion was accompanied by a counteraffidavit that created an issue of material fact. We hold that the trial judge did not abuse his discretion in failing to consider defendant's counteraffidavit on rehearing. We affirm...

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