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PERRY v. GARRETT

No. 87-2305.

530 So.2d 493 (1988)

Arthur PERRY, Appellant, v. James H. GARRETT and Norma C. Garrett, Appellees.

District Court of Appeal of Florida, Second District.

September 2, 1988.

Attorney(s) appearing for the Case

John S. Matthews, Tampa, for appellant.

G. Michael Nelson of Yado, Keel, Nelson & Bergmann, P.A., Tampa, for appellees.

PER CURIAM.

In this action based upon what we find to be a valid contract for a sum of money owed between the appellant and the appellees, the trial court ruled upon the merits of the case at a premature stage of the proceedings when it had only the appellees' complaint and the appellant's answer before it. We find it was error for the court to have so ruled without an evidentiary hearing. Compare Snyder v. Cheezem Development Corp., 373 So...

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