BARNETT BANKS TRUST CO., N.A. v. TITUSVILLE ASSOCS., LTD.

No. 89-830.

560 So.2d 1337 (1990)

BARNETT BANKS TRUST COMPANY, N.A., a National Banking Association, As Trustee, Appellant, v. TITUSVILLE ASSOCIATES, LTD., a Florida Limited Partnership, by and through Michael J. LEVITT, Its General Partner; and Michael J. Levitt, Individually and As General Partner, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied July 6, 1990.


Attorney(s) appearing for the Case

Christine Rieger Milton, of Mahoney, Adams, Milam, Surface & Grimsley, P.A., Jacksonville, for appellant.

Waddell A. Wallace, III, of Smith & Hulsey, Jacksonville, for appellees.


BARFIELD, Judge.

Barnett Banks Trust Company appeals from entry of a final declaratory judgment, asserting that the trial court erred in refusing to hear its motion for summary judgment, and that Barnett was entitled to a judgment as a matter of law. Alternatively, Barnett contends that competent, substantial evidence does not support the declaratory judgment. Because we reverse on the first two issues, we find it unnecessary to address the third issue.

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