Balun v. Tucci
Balun v. Tucci
Opinion of the Court
Thomas Baiun appeals from a final summary judgment and an order denying his motion for rehearing or relief from judgment in an action upon a promissory note.
Acting pro se, the appellant filed an answer to the complaint, alleging the affirmative defense of accord and satisfaction. Appellee then filed a motion for summary judgment with no affidavits or other evi-dentiary support. On October 11, 1988, in a hearing unattended by the appellant, the court granted the motion and entered final judgment on November 9, 1988.
The proceedings below are fatally defective for two reasons. First, a movant for summary judgment must support the motion with admissible evidence. Mutual of Omaha Ins. Co. v. Eakins, 337 So.2d 418 (Fla. 2d DCA 1976); Rule 1.510(c) Florida Rules of Civil Procedure. Second, it
We, therefore, vacate the final judgment and remand this cause to the trial court for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.