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Vidar Drywall of Florida, Inc. v. George Hyman Construction Co.
Citations: 435 So. 2d 315; 1983 Fla. App. LEXIS 21725Docket: No. 82-1624
Court: District Court of Appeal of Florida; July 13, 1983; Florida; State Appellate Court
Vidar Drywall of Florida, Inc. filed a lawsuit against George Hyman Construction Co. to recover payments allegedly owed under a subcontract. Hyman contested this claim, asserting that no payments were due and raised a defense based on a subsequent contract dated May 5, 1981. Hyman's summary judgment motion included an affidavit affirming the execution of the May 5th contract and stating that payments were made to three labor unions as stipulated in that contract. In contrast, Vidar's affidavit argued that the May 5th contract required Hyman to pay other creditors from the amounts owed to Vidar, which Hyman allegedly failed to do. The contract's language suggested that Hyman had additional obligations regarding these payments, indicating that there was a genuine issue of material fact. Consequently, the court found that summary judgment was improperly granted. The decision was reversed and remanded for further proceedings, with Judges Downey, Beranek, and Hersey concurring.