ALLSTATE INS. CO. v. WEATHERS BROS.

No. AW-283.

453 So.2d 117 (1984)

ALLSTATE INSURANCE COMPANY a/S/O Andrew H. Jackson and J.D. Jackson, His Wife, and Andrew H. Jackson and J.D. Jackson, His Wife, Appellants, v. WEATHERS BROTHERS, INC., a Transfer Company, and Truck Insurance Exchange, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied July 31, 1984.


Attorney(s) appearing for the Case

Samuel D. Armstrong of Mathews, Osborne, McNatt, Gobelman & Cobb, Jacksonville, for appellants.

Charles T. Boyd, Jr. of Boyd, Jenerette, Staas, Joos, Williams & Felton, Jacksonville, for appellees.


PER CURIAM.

The summary judgment entered in favor of defendants/appellees was based upon affirmative defenses which had not been timely and properly raised prior to the summary judgment hearing. We are unable to conclude from the record in this case that the circumvention of the requisite summary judgment procedures was harmless or that the defendants will inevitably be entitled to summary judgment after further proceedings.

REVERSED.

THOMPSON, NIMMONS...

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