DeATLEY v. McKINLEY

No. BJ-300.

497 So.2d 962 (1986)

Robert G. DeATLEY and Judith A. DeAtley, His Wife, Appellants, v. Raymond R. McKINLEY, Appellee.

District Court of Appeal of Florida, First District.

November 18, 1986.


Attorney(s) appearing for the Case

J. Thomas McKeel of Gelman, McKeel & Gordon, Jacksonville, for appellants.

Raymond B. Joseph of Fischette, Parrish, Owen & Held, Jacksonville, for appellee.


ERVIN, Judge.

Appellants Robert G. DeAtley and Judith A. DeAtley appeal the trial court's entry of summary final judgment. We find that the trial court abused its discretion in denying the appellants' motions for continuance and relief from admissions, as well as in failing to consider the defenses raised by them in opposition to the motion for summary judgment. We reverse and remand.

Robert DeAtley entered into a written agreement with Equity Investment Group...

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