KUEHNE & NAGEL, INC. v. LEWIS MARINE SUPPLY, INC.

No. 77-1077.

365 So.2d 204 (1978)

KUEHNE & NAGEL, INC., Appellant, v. LEWIS MARINE SUPPLY, INC., Appellee.

District Court of Appeal of Florida, Third District.

December 12, 1978.


Attorney(s) appearing for the Case

Friedman & Britton and J. Robert Olian, Miami, for appellant.

Gustafson, Stephens, Ferris & Forman and Donald R. Hall, Fort Lauderdale, for appellee.

Before PEARSON, HUBBART and KEHOE, JJ.


HUBBART, Judge.

The central issue raised by this appeal is whether a final summary judgment may be entered in favor of a party on a cause of action not pled in the complaint. We hold that such a summary judgment can never be so rendered and reverse.

The facts relevant to the above issue are undisputed. The plaintiff Lewis Marine Supply, Inc. filed a lawsuit sounding in breach of contract against the defendant Kuehne & Nagel, Inc. before the Circuit Court...

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