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O'Donnell v. Bellsouth Advertising

District Court of Appeal of Florida, Fourth District
Jul 27, 2005
906 So. 2d 1264 (Fla. Dist. Ct. App. 2005)

Opinion

No. 4D04-1979.

July 27, 2005.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Robert L. Andrews, Judge; L.T. Case No. 03-16116.

Richard G. Chosid of Law Office of Richard G. Chosid, Fort Lauderdale, for appellant.

Jack R. Reiter and Joelle C. Sharman of Adorno Yoss, P.A., Miami, for appellee.


This is an appeal by Michael D. O'Donnell (O'Donnell) from the Summary Final Judgment entered against him in a suit filed by BellSouth Advertising Publishing Corporation (BellSouth) seeking payment for advertising services.

BellSouth presented evidence at the hearing showing that there was a contract, that BellSouth performed under the contract by providing advertising services, and that O'Donnell owed money for the value of the services provided. Absent additional evidence to refute this evidence, the trial court correctly granted summary judgment in favor of BellSouth. "When the movant produces sufficient evidence to support summary judgment, it is the opponent's burden to come forward with either counter-evidence or justifiable inferences from the evidence presented." Nat'l Indem. Co. of the S. v. Consol. Ins. Servs., 778 So.2d 404, 408 (Fla. 4th DCA 2001) (citing Corbitt v. Kuruvilla, 745 So.2d 545, 548 (Fla. 4th DCA 1999)).

Affirmed.

STONE and GROSS, JJ., concur.


Summaries of

O'Donnell v. Bellsouth Advertising

District Court of Appeal of Florida, Fourth District
Jul 27, 2005
906 So. 2d 1264 (Fla. Dist. Ct. App. 2005)
Case details for

O'Donnell v. Bellsouth Advertising

Case Details

Full title:Michael D. O'DONNELL d/b/a O'Donnell Farms, Inc., Appellant, v. BELLSOUTH…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 27, 2005

Citations

906 So. 2d 1264 (Fla. Dist. Ct. App. 2005)