From Casetext: Smarter Legal Research

Hinson v. Anderson Columbia Co., Inc.

District Court of Appeal of Florida, First District
Apr 7, 2005
897 So. 2d 554 (Fla. Dist. Ct. App. 2005)

Opinion

No. 1D04-4046.

April 7, 2005.

An appeal from the Circuit Court for Leon County, L. Ralph Smith, Judge.

Steven E. Sellers, of the Sellers Law Firm, Tallahassee, for Appellant.

W. Robert Vezina, III, and Mary Piccard Vance of Vezina, Lawrence Piscitelli, P.A., Tallahassee, for Appellee.


James Hinson appeals from the trial court's order granting summary final judgment. Summary judgment is proper only when no genuine issue of material fact exists, after all reasonable inferences have been drawn in favor of the party opposing summary judgment. See Floyd v. Homes Beautiful Constr. Co., 710 So.2d 177, 179 (Fla. 1st DCA 1998). Here, Appellant alleges the existence of a separate oral agreement which was different from the previous written agreement entered by the parties. Because the record fails to defeat this allegation, the order granting summary final judgment is REVERSED.

BARFIELD, BENTON, and HAWKES, JJ., concur.


Summaries of

Hinson v. Anderson Columbia Co., Inc.

District Court of Appeal of Florida, First District
Apr 7, 2005
897 So. 2d 554 (Fla. Dist. Ct. App. 2005)
Case details for

Hinson v. Anderson Columbia Co., Inc.

Case Details

Full title:James W. HINSON, Appellant, v. ANDERSON COLUMBIA CO., INC., Appellee

Court:District Court of Appeal of Florida, First District

Date published: Apr 7, 2005

Citations

897 So. 2d 554 (Fla. Dist. Ct. App. 2005)

Citing Cases

Grant Builders Grp. v. South Bay Ace

"Summary judgment is proper only when no genuine issue of material fact exists, after all reasonable…