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CAMPBELL-SETTLE PRESSURE v. DAVID M. ABEL CONSTR. CO.

No. 80-2305.

395 So.2d 247 (1981)

CAMPBELL-SETTLE PRESSURE GROUTING & "GUNITE" CO., INC., Appellant, v. DAVID M. ABEL CONSTRUCTION CO. et al., Appellees.

District Court of Appeal of Florida, Third District.

March 10, 1981.

Attorney(s) appearing for the Case

Weiner & Walton, Coral Gables and Charles M. Fahlbusch, Michael I. Rose, Cornelius E. Cunningham, Miami, for appellant.

Tobin & Thomson and John M. Thomson, Coral Gables, for appellees.

Before HENDRY, DANIEL S. PEARSON and FERGUSON, JJ.

DANIEL S. PEARSON, Judge.

At hearings on motion for summary judgment, the trial court, over appellant's objection, considered oral testimony. While this procedure is clearly impermissible, Fla.R.Civ.P. 1.510; Ogden Trucking Company v. Heller Bros. & Co., 130 So.2d 295 (Fla. 3d DCA 1961), the appellees, in whose favor partial summary judgment was entered, contend that Campbell-Settle waived its objection by thereafter...

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