T-Quip of Florida, Inc. v. Tietig

T-Quip of Florida, Inc., (“Appellant”) appeals the final summary judgment awarding Edward C. Tietig (“Appellee”) damages just over $1.33 million, with the bulk of the judgment being an award of punitive damages. Because Appellee failed to negate the affirmative defenses pleaded or to otherwise show how they were legally insufficient and, as to the one cause of action to which no answer was filed, failed to conclusively negate every defense that might have been presented in the answer, we reverse.

Appellee filed suit, alleging the following three causes of action: (1) fraud based upon…