P & T Electric Co. v. Spadea

I refer to the concluding paragraphs of the District Court’s opinion in this case. P & T Electric Co., Inc. v. Spadea, Fla.App., 227 So.2d 234, text 236.

It appears to me therefrom that Petitioner, P & T Electric Co., Inc., should have been given at least one opportunity in the summary judgment proceedings by the trial court, initially or by direction of the District Court, to amend the affidavit of Petitioner’s president to comply with Rule l.S 10(e), RCP, 31 F.S.A., and show on the basis of personal knowledge the New York judgments were based on fraud and accordingly were not discharged in…