HYDE SHIPPING CORPORATION v. CONCRETO ASFALTICO NACIONAL, S.A.

No. 86-2237.

507 So.2d 776 (1987)

HYDE SHIPPING CORPORATION, Appellant, v. CONCRETO ASFALTICO NACIONAL, S.A., Appellee.

District Court of Appeal of Florida, Third District.

May 26, 1987.


Attorney(s) appearing for the Case

Fertig & Gramling, Donna E. Albert and Frank R. Gramling, Fort Lauderdale, for appellant.

Broad & Cassel and Gary Brookmyer, Miami, for appellee.

Before HENDRY, NESBITT, and BASKIN, JJ.


PER CURIAM.

Hyde Shipping Corporation (Hyde), the defendant below, appeals from a final summary judgment entered in favor of Concreto Asfaltico Nacional, S.A. (CAN). Hyde contends that the trial court erred in entering summary judgment since the affirmative defenses they raised created issues of material fact which are still in dispute. We agree and reverse the judgment.

"It is well established that summary final judgment is appropriate only where each affirmative...

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