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Devcon (Panama) International Corp. v. Sheffield Steel Products, Inc.

Citations: 409 So. 2d 214; 1982 Fla. App. LEXIS 19096Docket: Nos. 81-53, 81-610

Court: District Court of Appeal of Florida; February 2, 1982; Florida; State Appellate Court

Narrative Opinion Summary

An appeal was made regarding a summary final judgment favoring Sheffield Steel Products, Inc. against Devcon (Panama) International Corporation and National Union Fire Insurance Company concerning shipping costs. A factual dispute existed regarding whether the shipping costs were included in an overarching agreement for the sale of steel products. Additionally, Devcon raised a defense and a counterclaim alleging that Sheffield breached the contract by delivering defective goods, with sufficient evidence in the record to support this claim. The court found it was erroneous for the trial court to grant final summary judgment due to these unresolved issues. The judgment was reversed, and the case was remanded for further proceedings. Judges Downey and Anstead, along with Associate Judge Owen, concurred with this decision.

Legal Issues Addressed

Appellate Review and Reversal

Application: The appellate court reversed the trial court's decision and remanded the case for further proceedings due to unresolved factual issues.

Reasoning: The judgment was reversed, and the case was remanded for further proceedings.

Breach of Contract Defense and Counterclaim

Application: Devcon (Panama) International Corporation's defense and counterclaim were supported by evidence that Sheffield breached the contract by delivering defective goods, which contributed to the appellate court's decision to reverse the summary judgment.

Reasoning: Devcon raised a defense and a counterclaim alleging that Sheffield breached the contract by delivering defective goods, with sufficient evidence in the record to support this claim.

Contractual Dispute Over Terms

Application: A factual dispute existed about whether shipping costs were part of the overarching agreement for the sale of steel products, necessitating further judicial examination.

Reasoning: A factual dispute existed regarding whether the shipping costs were included in an overarching agreement for the sale of steel products.

Summary Judgment Standard

Application: The appellate court determined that granting a summary judgment was improper due to the existence of factual disputes regarding the inclusion of shipping costs in the agreement.

Reasoning: The court found it was erroneous for the trial court to grant final summary judgment due to these unresolved issues.