First National Bank of Tampa v. Pappas

BOARDMAN, Acting Chief Judge.

This is an appeal from a final summary judgment entered in favor of appellee.

Appellee did not conclusively show the absence of a genuine issue of material fact concerning appellant’s contention that the original lease was modified by a subsequently recorded reciprocal easement agreement, of which appellee is alleged to have had constructive notice. It is well settled that summary judgment is not to be granted unless the moving party can demonstrate that there is no genuine issue of material fact which, if taken in a light most favorable to the nonmoving party,…