Diaz v. Sher

553 So. 2d 280, 14 Fla. L. Weekly 2761, 1989 Fla. App. LEXIS 6598, 1989 WL 142667

• Court: District Court of Appeal of Florida
• Decided: November 28, 1989
• Docket: No. 88-1016
• Status: Published

Opinion

PER CURIAM.

The summary judgment is affirmed. First, the issues presented by the appellees’ motion for summary judgment were within the scope of the issues framed by the pleadings. See generally Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Benton, 467 So.2d 311, 313 (Fla.5th DCA 1985). Second, it appears without material dispute on the facts of the present case that the appellees were entitled to summary judgment. See Brien v. 18925 Collins Ave. Corp., 233 So.2d 847 (Fla.3d DCA 1970); see also Williams v. Wometco Enterprises, Inc., 287 So.2d 353 (Fla.3d DCA 1973), cert. denied, 294 So.2d 93 (Fla.1974). See generally Watson v. City of Hialeah, 552 So.2d 1146 (Fla.3d DCA 1989).

Affirmed.