Legal Opinion
Wallens v. Lichtenstein
District Court of Appeal of Florida
Decided January 21, 1964No. 63-182PublishedCited by 6 opinions
1Opinion of the Court
PEARSON, TILLMAN, Judge.
The appellant was the defendant in the trial court. He appeals a summary final judgment entered upon a complaint, affidavit of the plaintiff and affidavit of the defendant. The motion for summary judgment was made before answer was due since there was pending defendant’s motion to dismiss the complaint.
We have had occasion previously to express the caution which should be exercised in granting plaintiff’s motion for summary judgment before defendant has answered. See Olins Inc. v. Avis Rental Car System of Florida, Fla.App. 1958, 105 So.2d 497, 498, wherein the…
2Cases cited5 opinions
- Delany v. Breeding's Homestead Drug Co.Supreme Court of Florida · 1957
- Olin's, Inc. v. Avis Rental Car System of Florida, Inc.District Court of Appeal of Florida · 1958
- Ludlow Manufacturing & Sales Co. v. Textile Workers UnionDistrict Court, D. Delaware · 1952
- Stuart Inv. Co. v. Westinghouse Electric Corp.District Court, D. Nebraska · 1951
- Dade-Commonwealth Title Insurance v. Biscayne Kennel Club, Inc.District Court of Appeal of Florida · 1962
3Cited by6 opinions
- Am. Home Assur. Co. v. Keller IndustriesDistrict Court of Appeal of Florida · 1977
- Enix v. Diamond T. Sales & Service Co.District Court of Appeal of Florida · 1966
- Wallens v. BuchananDistrict Court of Appeal of Florida · 1964
- Mutual Employees Trade Mart v. SilvermanDistrict Court of Appeal of Florida · 1965
- Casteel v. MalischDistrict Court of Appeal of Florida · 1966
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