Legal Opinion

Helping Hand Private Foundation, Inc. v. Ocean Palms Beach Club, Inc.

District Court of Appeal of Florida

Decided September 30, 2011No. 5D10-4402PublishedCited by 2 opinions

1Per curiam

Helping Hand Private Foundation appeals from a summary final judgment entered in a lien foreclosure action filed by Ocean Palms Beach Club. We reverse.

Summary judgment cannot be granted unless the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, conclusively show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. See Fla. R. Civ. P. 1.510(c); Alejandre v. Deutsche Bank Trust Co. Americas, 44 So.3d 1288, 1289 (Fla. 4th DCA 2010). Where, as in the instant case,…

2Cases cited4 opinions

  1. Frost v. Regions BankDistrict Court of Appeal of Florida · 2009
  2. Alejandre v. Deutsche Bank Trust Co. AmericasDistrict Court of Appeal of Florida · 2010
  3. O'BRIEN v. Federal Trust Bank, FSBDistrict Court of Appeal of Florida · 1999
  4. Florida Dept. of Agric. v. Go BungeeDistrict Court of Appeal of Florida · 1996

3Cited by2 opinions

  1. Helping Hand Private Foundation, Inc. v. Ocean Palms Beach Club, Inc.District Court of Appeal of Florida · 2012
  2. Blackwell v. StateDistrict Court of Appeal of Florida · 2011

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