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JANIS DEVELOPMENT CORP. v. HOLLAND

No. 82-1673.

433 So.2d 1030 (1983)

JANIS DEVELOPMENT CORP., Appellant, v. Michael J. HOLLAND, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 19, 1983.

Attorney(s) appearing for the Case

Richard Candelora of Trenam, Simmons, Kemker, Scharf, Barkin, Frye & O'Neill, P.A., Tampa, for appellant.

Tom Hall of Schoninger, Jankowitz, Siegfried & Kipnis, P.A., Miami, for appellees.

PER CURIAM.

We reverse the summary final judgment of foreclosure entered in this case because the appellee/movant failed to conclusively demonstrate the non-existence of a genuine issue of material fact. See Wills v. Sears, Roebuck and Co., 351 So.2d 29 (Fla. 1977). "It is axiomatic that summary judgment may not be used as a substitute for trial and that if the pleadings, depositions, answers to interrogatories, admissions...

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