Buzzi v. Quality Service Station, Inc.

I respectfully dissent. The motion for summary judgment should not have been granted in favor of Quality and Alcantara because the parties had engaged in almost no discovery and there remained issues of material fact, particularly whether Buzzi’s car wash was in violation of Motiva’s “rules and regulations.”

For thirteen years, appellee has been operating a “hand car wash” at the gas station located at 795 Hialeah Drive, Hialeah, Florida. The car wash had been operating without a license and without complying with the regulations of the environmental authorities.

Luis Buzzi entered into a ten…