Wakefield Nursery v. Hunter
Cases that cite this one
3 later published cases cite this decision.
- Titusville Associates, Ltd. v. Barnett Banks Trust Co. (Fla. 1991)
- Barnett Banks Trust Co., NA v. Titusville Assocs., Ltd. (Fla. Dist. Ct. App. 1990)
- Barnett Banks Trust Co. v. Titusville Associates, Ltd. (Fla. Dist. Ct. App. 1990)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In this appeal from a summary final judgment we reverse because only eight days transpired between the date of the Notice and the date of the hearing whereas the rules clearly require twenty days notice. Fla.R.Civ.P. 1.510(c). See Greer v. Workman, 203 So.2d 665 (Fla. 4th DCA 1967). In any event ownership of the pipes and an agreement as to their continued use were genuine material issues of fact the existence of which would have precluded summary judgment even after adequate notice. See, e.g., Tompkins v. Rosenberg, 194 So.2d 688 (Fla. 3d DCA 1967) the court there noting that it is not sufficient for the moving party to come forward with a mere preponderance of the evidence to obtain summary disposition of the issues.
REVERSED AND REMANDED.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.