Hyde Shipping Corp. v. Concreto Asfaltico Nacional, S.A.

Hyde Shipping Corporation (Hyde), the defendant below, appeals from a final summary judgment entered in favor of Concre-to Asfáltico Nacional, S.A. (CAN). Hyde contends that the trial court erred in entering summary judgment since the affirmative defenses they raised created issues of material fact which are still in dispute. We agree and reverse the judgment.

“It is well established that summary final judgment is appropriate only where each affirmative defense has been conclusively refuted on the record. Spear v. Martin, 330 So.2d 543 (Fla. 4th DCA 1976).” Pandol Bros., Inc. v. NCNB Nat’l…