Herrin v. Hernando Plaza Ltd.

OPINION OF THE COURT

ERNEST C. AULLS, JR, Circuit Judge.

Appellant, defendant below, appeals on an order granting appellee’s, plaintiff below, motion for summary judgment.

The facts pertinent to this appeal are as follows:

On October 19, 1984, the appellees filed a suit in County Court in Hernando County seeking damages against the appellant for nonpayment of rent. On November 13, 1984, the appellant filed its answer raising the issue of fact as to whether the appellant had paid the rent. On December 18, 1984, the appellee filed what purported to be a motion for summary judgment pursuant to Rule…