Home Loan Co. Inc. of Boston v. Sloane Co. of Sarasota

Having reviewed the briefs and record on appeal, we find that the trial judge was correct in entering the summary final judgment in favor of appellee, The Sloane Company of Sarasota, and therefore affirm the judgment on the counterclaim. A party opposing a motion for summary judgment will not be permitted to alter the position of his previous pleadings, admissions, affidavits, depositions or testimony in order to defeat a summary judgment. McKean v. Kloeppel Hotels, Inc., Fla.App.1965, 171 So.2d 552.

*527The summary judgment in favor of appellant Home Loan Company Incorporated of Boston must be…