FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF
from the Circuit Court for Pinellas County; Thomas H.
Alexander Allred of Hillard, Cuykendall & Allred, P.A.,
Largo, for Appellant.
John Dandar of Dandar Law Group, P.A., Tampa, for Appellee.
LaROSE, Chief Judge.
Raissi appeals the trial court's final summary judgment
entered in favor of his former business partner, Gail
Valente. We have jurisdiction. See Fla. R. App. P.
9.030(b)(1)(A). We reverse, in part, because the trial court
erred in granting summary judgment on Mr. Raissi's
counterclaim. We affirm the final summary judgment in all
other respects without further discussion.
Raissi and Ms. Valente formed a limited liability company
(LLC) to own and lease out a condominium in West Virginia.
The condominium was the LLC's sole asset. The parties
each used the condominium for personal vacations. Various
disputes arose relating to the parties' payment for
expenses and use of the condominium. Mr. Raissi eventually
sold the condominium, without Ms. Valente's approval and
without giving her a chance to buy the property.
result, Ms. Valente sued Mr. Raissi. Mr. Raissi filed a
negligence counterclaim. He alleged that, without his
knowledge or consent, Ms. Valente used his name and personal
information to install a second telephone line at the
condominium, and then failed to pay for this service. As a
result, Mr. Raissi's credit suffered.
Valente later moved for summary judgment "on all or part
of the issues in this case." In support of her motion,
Ms. Valente claimed that Mr. Raissi testified at his
deposition that he had no documents to support his
counterclaim. Mr. Raissi filed an opposing affidavit. He
asserted that the allegations in his counterclaim offered an
"additional and factual basis to deny [Ms.]
Valente's motion for summary judgment."
hearing on the motion, the trial court found that Mr. Raissi
had no evidence to support his counterclaim, and held that
Ms. Valente was entitled to summary judgment on that issue.
Mr. Raissi unsuccessfully moved for reconsideration or
clarification. The trial court subsequently entered a final
summary judgment, again reciting that Ms. Valente was
entitled to summary judgment on the counterclaim.
us, Mr. Raissi maintains that the trial court erroneously
ruled in favor of Ms. Valente on the counterclaim because (A)
she failed to raise the counterclaim as an issue in her
summary judgment motion, and (B) the record does not support
the trial court's finding that Mr. Raissi had no evidence
to support his counterclaim. More specifically, Mr. Raissi
contends that his deposition reflects that he presently had
no documentation to support the counterclaim; he did not
concede that no documentation existed. Ms. Valente contends
that she raised the counterclaim in her motion and
demonstrated that Mr. Raissi could not prove his
review a final summary judgment de novo. See Wesner v.
JMS Marinas, LLC, 224 ...