JAMES W. HINSON v. ANDERSON COLUMBIA CO., INC.
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JAMES W. HINSON, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. CASE NO. 1D04-4046 ANDERSON COLUMBIA CO., INC., Appellee. _______________________________/ Opinion filed April 7, 2005. An appeal from the Circuit Court for Leon County, L. Ralph Smith, Judge. Steven E. Sellers, of the Sellers Law Firm, Tallahassee, for Appellant. W. Robert Vezina, III, and Mary Piccard Vance of Vezina, Lawrence & Piscitelli, P.A., Tallahassee, for Appellee. PER CURIAM. James Hinson appeals from the trial court s order granting summary final judgment. Summary judgment is proper only when no genuine issue of material fact exists, after all reasonable inferences have been drawn in favor of the party opposing summary judgment. See Floyd v. Homes Beautiful Constr. Co., 710 So. 2d 177, 179 (Fla. 1st DCA 1998). Here, Appellant alleges the existence of a separate oral agreement which was different from the previous written agreement entered by the parties. Because the record fails to defeat this allegation, the order granting summary final judgment is REVERSED. BARFIELD, BENTON, and HAWKES, JJ., CONCUR. -2-
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