372 So. 2d 129

FALLS POULTRY DISTRIBUTING CO., a Florida Corporation, Appellant, v. Arlene CANNER, Appellee.

No. 78-1835.

District Court of Appeal of Florida, Third District.

June 5, 1979.

Rehearing Denied July 13, 1979.

Freshman, Gerson & Freshman and Jerold A. Freshman, Miami, for appellant.

Ginsberg & Goldman and Daniel L. Ginsberg, North Miami Beach, for appellee.

Before PEARSON and SCHWARTZ, JJ., and CHAPPELL, BILL G., Associate Judge.

PER CURIAM.

The summary judgment for the defendant entered below is reversed and the cause remanded for further proceedings. The defendant’s affidavit, which was filed before answer and which did no more than generally deny the allegations of the complaint in conclusory terms, did not sustain her affirmative burden to demonstrate conclusively the absence of a genuine issue of material fact. Holl v. Talcott, 191 So.2d 40, 45 (Fla.1966); Silber v. Campus Sweater & Sportswear, 313 So.2d 409 (Fla.1st DCA 1975); Hurricane Boats, Inc. v. Certified Industrial Fabricators, Inc., 246 So.2d 174 (Fla.3d DCA 1971), and cases cited; see Pino v. Lopez, 361 So.2d 192 (Fla.3d DCA 1978), cert. dism. 365 So.2d 714 (Fla.1978); Freeman v. Equilease Corp., 346 So.2d 619 (Fla.3d DCA 1977). Moreover, the summary judgment was prematurely entered before the completion of discovery. Cullen v. Big Daddy’s Lounges, Inc., 364 So.2d 839 *130(Fla.3d DCA 1978); Commercial Bank of Kendall v. Heiman, 322 So.2d 564 (Fla.3d DCA 1975).

Reversed and remanded.

Falls Poultry Distributing Co. v. Canner
372 So. 2d 129

Case Details

Name
Falls Poultry Distributing Co. v. Canner
Decision Date
Jun 5, 1979
Citations

372 So. 2d 129

Jurisdiction
Florida

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