Estate of Thomas v. Sellars

District Court of Appeal of Florida

Estate of Thomas v. Sellars

388 So. 2d 220, 1980 Fla. App. LEXIS 17646

CourtDistrict Court of Appeal of Florida

DecidedAugust 8, 1980

DocketNo. OO-406

StatusPublished

This text of 388 So. 2d 220 (Estate of Thomas v. Sellars) 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.

Bluebook

Estate of Thomas v. Sellars, 388 So. 2d 220, 1980 Fla. App. LEXIS 17646 (Fla. Ct. App. 1980).

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Opinion

PER CURIAM.

This is an appeal from a summary judgment entered against the Plaintiffs in the trial court who filed a two-count complaint alleging ejectment and fraud. The trial judge entered a summary judgment based on the complaint, affirmative defenses, and affidavits.

In order for summary judgment to be appropriate, there must be a complete absence of any disputed material fact. This Court finds that there were and are material facts in dispute and reverses and remands for a trial on the merits. Williams v. Lake City, 62 So.2d 732 (Fla.1953); Tompkins v. Rosenberg, 194 So.2d 688 (Fla. 1st DCA 1968); Grizzard v. Colonial Stores, Inc., 330 So.2d 768 (Fla. 1st DCA 1976).

McCORD and SHAW, JJ., and LILES, WOODIE A., Associate Judge, concur.

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PER CURIAM.

This is an appeal from a summary judgment entered against the Plaintiffs in the trial court who filed a two-count complaint alleging ejectment and fraud. The trial judge entered a summary judgment based on the complaint, affirmative defenses, and affidavits.

In order for summary judgment to be appropriate, there must be a complete absence of any disputed material fact. This Court finds that there were and are material facts in dispute and reverses and remands for a trial on the merits. Williams v. Lake City, 62 So.2d 732 (Fla.1953); Tompkins v. Rosenberg, 194 So.2d 688 (Fla. 1st DCA 1968); Grizzard v. Colonial Stores, Inc., 330 So.2d 768 (Fla. 1st DCA 1976).

McCORD and SHAW, JJ., and LILES, WOODIE A., Associate Judge, concur.

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388 So. 2d 220, 1980 Fla. App. LEXIS 17646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-thomas-v-sellars-fladistctapp-1980.

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