Opinion
No. 80-162.
July 29, 1980.
Appeal from the Circuit Court, Dade County, Harold G. Featherstone, J.
Rizzo Koltun and Stewart G. Greenberg, Miami, for appellant.
Robert A. Ginsburg, County Atty. and Ralph C. Rocheteau, III, Asst. County Atty., for appellee.
Before SCHWARTZ, NESBITT and BASKIN, JJ.
The summary judgment entered below for the defendant, Dade County, in a false imprisonment case is reversed because (a) the trial court improperly granted summary judgment for the non-moving party at a hearing noticed only for the plaintiff's motion for summary judgment, Jockey Club, Inc. v. Blake, 297 So.2d 44 (Fla. 3d DCA 1974); Greer v. Workman, 203 So.2d 665 (Fla. 4th DCA 1967); John K. Brennan Co. v. Central Bank Trust Co., 164 So.2d 525 (Fla. 2d DCA 1964); and (b) on the merits, it does not conclusively appear beyond genuine issue that the defendant is entitled to judgment in its favor as a matter of law. Holl v. Talcott, 191 So.2d 40 (Fla. 1966); Green Valley School, Inc. v. Cowles Florida Broadcasting, Inc., 327 So.2d 810 (Fla. 1st DCA 1976); Kanner v. First National Bank of South Miami, 287 So.2d 715, 717 (Fla. 3d DCA 1974); see also, Harris v. Solvonic, 386 So.2d 19 (Fla. 3d DCA 1980).