Williamson v. Bradford, 34 Fla. L. Wkly D2472a (Fla. 1st DCA Nov. 30, 1990)

In this case, the court entered a partial summary judgment on a counterclaim for monetary damages while the plaintiff’s affirmative claim was still pending.  By including the phrase “for which let execution issue” in the judgment, the trial court attempted to permit the defendant to begin collection proceedings.  The appellate court held that this was error as a matter of law and reversed, citing Millennium Group I, L.L.C. v. Attorney’s Title Ins. Fund, Inc., 847 So. 2d 1115 (Fla. 1st DCA 2003).

 

Williamson v. Bradford, 34 Fla. L. Wkly D2472a (Fla. 1st DCA Nov. 30, 1990)