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EMERALD COAST LIGHT. v. CRYSTAL BEACH DEV.

No. 1D04-5061.

917 So.2d 287 (2005)

EMERALD COAST LIGHTING & SUPPLY, INC., Appellant, v. CRYSTAL BEACH DEVELOPMENT CO. OF NORTHWEST FLORIDA, Appellee.

District Court of Appeal of Florida, First District.

December 19, 2005.

Attorney(s) appearing for the Case

James Harvey Tipler of The Law Practice of James H. Tipler, Destin, for Appellant.

John R. Dowd, Jr. of Dowd Law Firm, Destin, for Appellee.

PER CURIAM.

We find that genuine issues of material fact exist in this case concerning payment of the promissory notes because appellant adequately, although not artfully, raised the issue of payment in response to appellee's motion for summary judgment. See DeAtley v. McKinley, 497 So.2d 962, 963 (Fla. 1st DCA 1986) ("[I]n a summary judgment proceeding, the trial court should look beyond the pleadings to determine...

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