MACK v. COMMERCIAL INDUSTRIAL PARK, INC.

No. 88-0545.

541 So.2d 800 (1989)

Morris MACK, Appellant, v. COMMERCIAL INDUSTRIAL PARK, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

April 12, 1989.


Attorney(s) appearing for the Case

David A. Hoines of David A. Hoines, P.A., Fort Lauderdale, for appellant.

Shelley H. Leinicke of Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane, Fort Lauderdale, for appellee.


LETTS, Judge.

In support of a defendant's motion for summary judgment, which was granted, the defendant attached to the motion exhibits consisting of contracts allegedly establishing the lack of existence of a material fact. We reverse.

The problem with these exhibits was that, prior to their appearance in the motion, they were not on file, not even mentioned in the pleadings and never alluded to in any depositions or interrogatories. In fact, their appearance...

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