MacDonald v. International Chemalloy Corp.

HERSEY, Chief Judge.

We reverse the summary final judgment entered in this action to enforce payment of a Canadian judgment. The record contains no evidence on the issue of whether full or partial payment has been made; thus there exists a genuine material issue of fact precluding the entry of summary judgment. Allstate Insurance Co. v. Powell, 420 So.2d 113 (Fla. 4th DCA 1982).

Although reversal moots most of appellant’s points on appeal, we treat several in order to prevent recurrence of the same errors upon retrial or rehearing. First, appellant confuses lack of opportunity to be heard with…