Capazzi v. Goldberg
885 So. 2d 1039, 2004 Fla. App. LEXIS 17077, 2004 WL 2534296
Opinion
Because one or more issues of material fact exist, summary judgment was improper. See Holl v. Talcott, 191 So.2d 40 (Fla.1966). In particular, paragraph 7 of the trial court’s order and its use of equivocal language indicates issues of fact to be determined. Accordingly, we reverse the order granting summary judgment and remand for further proceedings. See Moore v. Morris, 475 So.2d 666 (Fla.1985).
Reversed and remanded.
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Capazzi v. Goldberg, 885 So. 2d 1039, 2004 Fla. App. LEXIS 17077, 2004 WL 2534296 (Fla. Ct. App. 2004).
885 So. 2d 1039 (Capazzi v. Goldberg) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Moore v. Morris
475 So. 2d 666 (Supreme Court of Florida, 1985)
Holl v. Talcott
191 So. 2d 40 (Supreme Court of Florida, 1966)