Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

RICHARD SCOTT DOSS, APPELLANT, v. STEGER STEGER, P.A., APPELLEE.

PER CURIAM.

Appellant, a state prisoner, suffered an adverse money judgment in a suit on an employment agreement brought by the professional association which appellant had employed to represent him in certain post conviction proceedings. We reverse the judgment against appellant (and a garnishee).

Appellant's pro se answer, while less than artful, asserted as an affirmative defense that the professional association had itself breached the employment agreement by its failure to file a motion to vacate under rule 3.850, Florida Rules of Criminal Procedure.

The motion for summary judgment upon which the judgment was entered failed to adequately comply with the form or substance of rule 1.510(c), Florida Rules of Civil Procedure, and the supporting affidavit, consisting almost entirely of inadmissible hearsay statements, not only failed to comply with the requirements of rule 1.510(e) Florida Rules of Civil Procedure, but also failed to negate appellant's affirmative defense. Solimine v. Numerica Sav. Bank, 587 So.2d 505 (Fla. 4th DCA 1991).

The judgment is reversed and this cause remanded for further proceedings.

GLICKSTEIN, C.J., FARMER, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

Use AI to get other relevant cases.

Comments

DOSS v. STEGER STEGER
(Feb 3, 1993)