RICK GEORGE, a Florida Citizen; and SOTAV, INC., a Florida Corporation v. FRED TAYLOR, a Florida Citizen
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IN THE DISTRICT APPEAL FIRST DISTRICT, FLORIDA RICK GEORGE, a Florida citizen; and SOTAV, INC., a Florida corporation, Appellants, COURT OF STATE OF NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. CASE NO. 1D03-2513 FRED TAYLOR, a Florida citizen, Appellee. _____________________________/ Opinion filed September 27, 2004. An appeal from Circuit Court for Duval County. Hugh A. Carithers, Jr., Judge. Frederick R. Brock of Gartner, Brock and Simon, Jacksonville, for Appellants. Lance A. Harke, P.A. and David J. Maher of Harke & Clasby LLP, Miami, for Appellee. PER CURIAM. The appellants challenge a summary final judgment and final judgment entered in favor of the appellee. Because a number of material facts remain in dispute, and because the appellee has not offered proof conclusively refuting the appellants affirmative defenses, see, e.g., Fasano v. Hicks, 667 So. 2d 1033 (Fla. 2d DCA 1996), the orders under review are reversed and this case is remanded. ERVIN, ALLEN and HAWKES, JJ., CONCUR.
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