Belghaus v. Polcar

District Court of Appeal of Florida

Belghaus v. Polcar

356 So. 2d 44, 1978 Fla. App. LEXIS 15096

CourtDistrict Court of Appeal of Florida

DecidedMarch 8, 1978

DocketNo. 77-1704

StatusPublished

Cited by1 cases

This text of 356 So. 2d 44 (Belghaus v. Polcar) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Belghaus v. Polcar, 356 So. 2d 44, 1978 Fla. App. LEXIS 15096 (Fla. Ct. App. 1978).

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Opinion

PER CURIAM.

Appellant, Joseph Belghaus, appeals a final summary judgment in favor of appellee, Mary Ann Polcar.

[45]*45After review of the record, including the complaint, deposition, exhibits, and affidavits filed in this case, we find a genuine issue of material fact to exist with respect to whether appellant has a claim for an equitable lien on the real property owned by appellee. See Wagner v. Roberts, 320 So.2d 408 (Fla. 2d DCA 1975). The movant has failed to conclusively resolve this question in his favor since it appears that there are reasonable inferences which may be drawn in favor of the nonmoving party. Consequently, the trial court erred in granting appellee’s motion for summary judgment. Florida Power Corp. v. Taylor, 332 So.2d 687 (Fla. 2d DCA 1976); Fla.R.Civ.P. 1.510(c).

Accordingly, the final summary judgment is reversed and the case remanded for further proceedings consistent with this opinion.

REVERSED and REMANDED.

BOARDMAN, C. J., and RYDER and DANAHY, JJ., concur.

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PER CURIAM.

Appellant, Joseph Belghaus, appeals a final summary judgment in favor of appellee, Mary Ann Polcar.

[45]*45After review of the record, including the complaint, deposition, exhibits, and affidavits filed in this case, we find a genuine issue of material fact to exist with respect to whether appellant has a claim for an equitable lien on the real property owned by appellee. See Wagner v. Roberts, 320 So.2d 408 (Fla. 2d DCA 1975). The movant has failed to conclusively resolve this question in his favor since it appears that there are reasonable inferences which may be drawn in favor of the nonmoving party. Consequently, the trial court erred in granting appellee’s motion for summary judgment. Florida Power Corp. v. Taylor, 332 So.2d 687 (Fla. 2d DCA 1976); Fla.R.Civ.P. 1.510(c).

Accordingly, the final summary judgment is reversed and the case remanded for further proceedings consistent with this opinion.

REVERSED and REMANDED.

BOARDMAN, C. J., and RYDER and DANAHY, JJ., concur.

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356 So. 2d 44, 1978 Fla. App. LEXIS 15096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belghaus-v-polcar-fladistctapp-1978.

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