Fisher v. Heilbronner

District Court of Appeal of Florida

Fisher v. Heilbronner

425 So. 2d 667, 1983 Fla. App. LEXIS 27738

CourtDistrict Court of Appeal of Florida

DecidedFebruary 1, 1983

DocketNo. 82-757

StatusPublished

Cited by1 cases

This text of 425 So. 2d 667 (Fisher v. Heilbronner) 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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Fisher v. Heilbronner, 425 So. 2d 667, 1983 Fla. App. LEXIS 27738 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

Guided by the well-established principles that in determining the propriety of the entry of a summary judgment, we must view the facts in a light most favorable to the party against whom judgment has been entered, McGahee v. Dade County Board of Public Instruction, 279 So.2d 87 (Fla. 3d DCA 1973), and indulge all proper inferences in favor of such party, Thermo Air Contractors, Inc. v. Travelers Indemnity Co., [668]*668277 So.2d 47 (Fla. 3d DCA 1973), we are compelled to conclude that the appellees have failed to show conclusively, as they must, Visingardi v. Tirone, 193 So.2d 601 (Fla.1967), that there were no genuine issues of material fact as to whether the appellees undertook to represent or did in fact represent the appellant; the appellees breached the duty which arose out of that representation; and the appellees’ breach proximately caused damage to the appellant. Accordingly, the summary judgment entered in favor of the appellees is reversed and the cause remanded.

Reversed and remanded.

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PER CURIAM.

Guided by the well-established principles that in determining the propriety of the entry of a summary judgment, we must view the facts in a light most favorable to the party against whom judgment has been entered, McGahee v. Dade County Board of Public Instruction, 279 So.2d 87 (Fla. 3d DCA 1973), and indulge all proper inferences in favor of such party, Thermo Air Contractors, Inc. v. Travelers Indemnity Co., [668]*668277 So.2d 47 (Fla. 3d DCA 1973), we are compelled to conclude that the appellees have failed to show conclusively, as they must, Visingardi v. Tirone, 193 So.2d 601 (Fla.1967), that there were no genuine issues of material fact as to whether the appellees undertook to represent or did in fact represent the appellant; the appellees breached the duty which arose out of that representation; and the appellees’ breach proximately caused damage to the appellant. Accordingly, the summary judgment entered in favor of the appellees is reversed and the cause remanded.

Reversed and remanded.

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425 So. 2d 667, 1983 Fla. App. LEXIS 27738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fisher-v-heilbronner-fladistctapp-1983.

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