Solo Aero Corp. v. America-CV Network, LLC

Full title: SOLO AERO CORP., Appellant, v. AMERICA–CV NETWORK, LLC and America–CV…

Court: District Court of Appeal of Florida,Third District.

Date published: Oct 21, 2015

176 So. 3d 390 (Fla. Dist. Ct. App. 2015)

Opinion

No. 3D14–2691.

10-21-2015

SOLO AERO CORP., Appellant, v. AMERICA–CV NETWORK, LLC and America–CV Station Group, Inc., Appellee.

James E. McDonald, for appellant. David M. Rogero, for appellee.

LOGUE, J.

James E. McDonald, for appellant.

David M. Rogero, for appellee.

Before SHEPHERD, EMAS, and LOGUE, JJ.

Opinion

LOGUE, J.

Solo Aero Corp. seeks review of the trial court's entry of summary judgment in favor of America–CV, LLC, and America–CV Station Group, Inc. “Summary judgment is proper if there is no genuine issue of material fact and if the moving party is entitled to a judgment as a matter of law.” Volusia Cnty. v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126, 130 (Fla.2000). Here, the record demonstrates the existence of genuine issues of material fact. Because the record reflects genuine issues of material fact, we conclude that the trial court improperly granted summary judgment and reverse. Id. ¹

1 In its brief, Solo Aero Corp. also sought review of the denial of its own motion for summary judgment. We do not reach this issue because it is not properly before this court.

Reversed and remanded for further proceedings.

See Taggart v. Morgan, 943 So.2d 250, 250 (Fla. 3d DCA 2006) (“The rules of appellate procedure do not permit interlocutory appeals of non-final orders denying motions for summary judgment.”) (citing Fla. R. App. P. 9.130(a)(3)).