Florida District Courts of Appeal, 1984

Allstate Insurance Co. v. Weathers Bros.

Allstate Insurance Co. v. Weathers Bros.
Florida District Courts of Appeal · Decided July 3, 1984 · Bar, Field, Nimmons, Thompson
453 So. 2d 117; 1984 Fla. App. LEXIS 14417 (Southern Reporter, Second Series)

Allstate Insurance Co. v. Weathers Bros.

Opinion of the Court

PER CURIAM.

The summary judgment entered in favor of defendants/appellees was based upon affirmative defenses which had not been timely and properly raised prior to the summary judgment hearing. We are unable to conclude from the record in this case that the circumvention of the requisite summary judgment procedures was harmless or that the defendants will inevitably be enti-tied to summary judgment after further proceedings.

REVERSED.

THOMPSON, NIMMONS and BAR-FIELD, JJ., concur.

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