District Court of Appeal of Florida

Summary judgment is reversed and remanded for trial where the rule, that an affidavit filed in opposition to motion for summary judgment may not contradict prior deposition testimony, does not apply to an affidavit of a witness purporting to be the first expression by the witness under oath in the litigation as to a fact in dispute, even though it contradicts a prior out-of-court, non-sworn statement by the witness in a corporate document.

Appellate Information

• Decided 12/13/2006
• Published 12/13/2006

Judges

• FARMER, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Ira Marcus of Ira Marcus, P.A., Fort Lauderdale, for appellant., Ian Gardner, Sunrise, pro se.