Morgan v. Riley

CARROLL, DONALD K., Judge.

The defendant in an action for declaratory relief has appealed from a declaratory summary judgment entered by the Circuit Court for Columbia County, canceling of record a certain deed to her.

The basic question presented for our determination in this appeal is whether the said judgment was entered in accordance with our procedural rules governing the entry of summary judgments.

The key provision of those rules, found in Rule 1.510, Florida Rules of Civil Procedure, 31 F.S.A., provides that at a hearing upon a party’s motion for a summary judgment, the judgment sought…