Olin's, Inc. v. Board of County Commissioners

TILLMAN PEARSON, Judge.

The determinative question on this appeal is whether on this record it was error to enter a summary final judgment for the plaintiff, appellee, prior to the filing of defendant’s answer. We hold that the judgment was erroneously entered because of the rule that a plaintiff’s motion for summary judgment before the defendant has answered should be denied unless it is clear that an issue of material fact cannot be presented. Olin’s, Inc. v. Avis Rental Car System of Florida, Fla.App. 1958, 105 So.2d 497, and authorities cited therein.

The appellee, Board of County Com-»…