Gunn v. Tallahassee Board of Realtors

District Court of Appeal of Florida

Gunn v. Tallahassee Board of Realtors

490 So. 2d 212, 11 Fla. L. Weekly 1409, 1986 Fla. App. LEXIS 8442

CourtDistrict Court of Appeal of Florida

DecidedJune 24, 1986

DocketNo. BI-255

StatusPublished

This text of 490 So. 2d 212 (Gunn v. Tallahassee Board of Realtors) 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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Gunn v. Tallahassee Board of Realtors, 490 So. 2d 212, 11 Fla. L. Weekly 1409, 1986 Fla. App. LEXIS 8442 (Fla. Ct. App. 1986).

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WENTWORTH, Judge.

Appellant seeks review of a final summary judgment entered in a declaratory judgment action, asserting that no factual issue and no actual controversy was presented and that the court below thus should have declined to enter a judgment and dismissed the action. We find that a sufficient controversy was presented so as to authorize a declaratory judgment. We further find, consistent with appellant’s contention that no disputed factual issue exists, that it was appropriate for the court to resolve the action by entry of a summary judgment. See Pancoast v. Pancoast, 97 So.2d 875 (Fla. 2d DCA 1957); cf., Fla.R.Civ.P. 1.510(a). We therefore affirm the order appealed.

MILLS, J., concurs. NIMMONS, J., dissents with written opinion.

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WENTWORTH, Judge.

Appellant seeks review of a final summary judgment entered in a declaratory judgment action, asserting that no factual issue and no actual controversy was presented and that the court below thus should have declined to enter a judgment and dismissed the action. We find that a sufficient controversy was presented so as to authorize a declaratory judgment. We further find, consistent with appellant’s contention that no disputed factual issue exists, that it was appropriate for the court to resolve the action by entry of a summary judgment. See Pancoast v. Pancoast, 97 So.2d 875 (Fla. 2d DCA 1957); cf., Fla.R.Civ.P. 1.510(a). We therefore affirm the order appealed.

MILLS, J., concurs. NIMMONS, J., dissents with written opinion.

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490 So. 2d 212, 11 Fla. L. Weekly 1409, 1986 Fla. App. LEXIS 8442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gunn-v-tallahassee-board-of-realtors-fladistctapp-1986.

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