LAND DEV. SERVICES v. GULF VIEW TOWNHOMES

No. 2D10-6014.

75 So.3d 865 (2011)

LAND DEVELOPMENT SERVICES, INC., a Florida corporation, Appellant, v. GULF VIEW TOWNHOMES, LLC, a Florida limited liability company; and Kathy Morgan, Appellees.

District Court of Appeal of Florida, Second District.

December 21, 2011.


Attorney(s) appearing for the Case

David A. Burt of Knott, Consoer, Ebelini, Hart & Swett, P.A., Fort Myers, for Appellant.

Stanley A. Bunner, Jr. , of Salvatori, Wood & Buckel, P.L., Naples, for Appellee Gulf View Townhomes.

No appearance for Appellee Kathy Morgan.


VILLANTI, Judge.

Gulf View Townhomes, LLC, filed a legally insufficient affidavit in support of its motion for summary judgment. Nevertheless, the trial court granted the motion and included in the final judgment relief that Gulf View neither sought in its motion nor requested at the summary judgment hearing. For both of these reasons, entry of the final summary judgment against Land Development, Inc., was improper. Therefore, we reverse.

The somewhat limited...

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