Southeastern Adhesives Co. v. Funder America, Inc.

EAGLES, Judge.

Defendant appeals the trial court’s grants of summary judgment against defendant’s counterclaim and in favor of plaintiffs complaint. While we find that there are genuine issues of material fact presented by defendant’s allegations of breach of the implied warranty of merchantability, we conclude that summary judgment on defendant’s claim of breach of the implied warranty of fitness for a particular purpose was proper. Accordingly, we reverse in part, affirm in part and remand for trial.

The questions presented on appeal of a summary judgment motion are whether there is a genuine…