O’Donnell v. Bellsouth Advertising

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2005 MICHAEL D. O'DONNELL d/b/a O'DONNELL FARMS, INC., Appellant, v. BELLSOUTH ADVERTISING & PUBLISHING CORPORATION, Appellee. No. 4D04-1979 [July 27, 2005] SHAHOOD, J. This is an appeal by Michael D. O Donnell (O Donnell) from the Summary Final Judgment entered against him in a suit filed by BellSouth Advertising & Publishing Corporation (BellSouth) seeking payment for advertising services. BellSouth presented evidence at the hearing showing that there was a contract, that BellSouth performed under the contract by providing advertising services, and that O Donnell owed money for the value of the services provided. Absent additional evidence to refute this evidence, the trial court correctly granted summary judgment in favor of BellSouth. When the movant produces sufficient evidence to support summary judgment, it is the opponent's burden to come forward with either counter-evidence or justifiable inferences from the evi dence presented. Nat l Indem. Co. of the S. v. Consol. Ins. Servs., 778 So. 2d 404, 408 (Fla. 4th DCA 2001)(citing Corbitt v. Kuruvilla , 745 So. 2d 545, 548 (Fla. 4th DCA 1999)). Affirmed. STONE and GROSS, JJ., concur. * * * Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Robert L. Andrews, Judge; L.T. Case No. 03-16116. Richard G. Chosid of Law Office of Richard G. Chosid, Fort Lauderdale, for appellant. Jack R. Reiter and Joelle C. Sharman of Adorno & Yoss, P.A., Miami, for appellee. Not final until disposition of timely filed motion for rehearing. -2-

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