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REGIS v. WEST SUNRISE DEVELOPMENT CORPORATION

No. 4D05-3124.

943 So.2d 330 (2006)

William P. REGIS, Appellant, v. WEST SUNRISE DEVELOPMENT CORPORATION, Paul E. Taylor, and Ian Gardner, Appellees.

District Court of Appeal of Florida, Fourth District.

December 13, 2006.

Attorney(s) appearing for the Case

Ira Marcus of Ira Marcus, P.A., Fort Lauderdale, for appellant.

Ian Gardner, Sunrise, pro se.

FARMER, J.

We reverse the summary judgment and remand for trial. The rule of Ellison v. Anderson, 74 So.2d 680 (Fla.1954) (affidavit filed in opposition to motion for summary judgment may not contradict prior deposition testimony), does not apply to an affidavit of a witness purporting to be the first expression by the witness under oath in the litigation as to a fact in dispute even though it contradicts a prior out-of-court...

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