Legal Opinion

Muncey v. Star Brite Distributors, Inc.

District Court of Appeal of Florida

Decided January 15, 1980No. 79-1235PublishedCited by 6 opinions

1Opinion of the Court

378 So.2d 1326 (1980)

Bill MUNCEY, D/B/a Bill Muncey Industries, Appellant,

v.

STAR BRITE DISTRIBUTORS, INC., Appellee.

No. 79-1235.

District Court of Appeal of Florida, Third District.

January 15, 1980.

Garber & Buoniconti, Miami, for appellant.

Rollnick, Squitero & Katz and Marc L. Faust, Miami, for appellee.

Before HAVERFIELD, C.J., and PEARSON and NESBITT, JJ.

2Per curiam

The trial court erred in, sua sponte, entering a summary final judgment against the plaintiff, where there was no motion pending therefor and the plaintiff had no notice or opportunity to present opposing affidavits. Fla.R.Civ.P. 1.510;…

3Cases cited4 opinions

  1. Roberts v. BraynonSupreme Court of Florida · 1956
  2. Babb v. Lincoln Auto Finance Co.District Court of Appeal of Florida · 1961
  3. Raphael v. KoretzkyDistrict Court of Appeal of Florida · 1958
  4. Moseley v. Bi-Lo Supermarket, Inc.District Court of Appeal of Florida · 1976

4Cited by6 opinions

  1. Brock v. GD Searle & Co.District Court of Appeal of Florida · 1988
  2. Fouts v. BowlingDistrict Court of Appeal of Florida · 1992
  3. Fruhmorgen v. WatsonDistrict Court of Appeal of Florida · 1986
  4. Groeber v. HeuringDistrict Court of Appeal of Florida · 1997
  5. Kelly v. MilitanaDistrict Court of Appeal of Florida · 1992

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