Lanzer v. Wandless

District Court of Appeal of Florida

Lanzer v. Wandless

460 So. 2d 1016, 10 Fla. L. Weekly 70, 1984 Fla. App. LEXIS 16248

CourtDistrict Court of Appeal of Florida

DecidedDecember 27, 1984

DocketNo. 83-1335

StatusPublished

This text of 460 So. 2d 1016 (Lanzer v. Wandless) 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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Lanzer v. Wandless, 460 So. 2d 1016, 10 Fla. L. Weekly 70, 1984 Fla. App. LEXIS 16248 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

Upon consideration of the briefs and record on appeal, we find that construing all the evidence most favorable to appellants, genuine issues of material fact do exist which must be resolved by a jury. Therefore, the lower court erred in holding that appellee Misch was entitled to judgment as a matter of law. Holl v. Talcott, 191 So.2d 40 (Fla.1966); Squitieri v. Aetna Casualty & Surety Co., 382 So.2d 730 (Fla. 5th DCA 1980); O’Connell v. Walt Disney World Co., 413 So.2d 444 (Fla. 5th DCA 1982). Accordingly, the summary final judgment entered in favor of appellee Misch is reversed and this case is remanded.

REVERSED and REMANDED.

ORFINGER and COWART, JJ., and POWELL, R.W., Associate Judge, concur.

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PER CURIAM.

Upon consideration of the briefs and record on appeal, we find that construing all the evidence most favorable to appellants, genuine issues of material fact do exist which must be resolved by a jury. Therefore, the lower court erred in holding that appellee Misch was entitled to judgment as a matter of law. Holl v. Talcott, 191 So.2d 40 (Fla.1966); Squitieri v. Aetna Casualty & Surety Co., 382 So.2d 730 (Fla. 5th DCA 1980); O’Connell v. Walt Disney World Co., 413 So.2d 444 (Fla. 5th DCA 1982). Accordingly, the summary final judgment entered in favor of appellee Misch is reversed and this case is remanded.

REVERSED and REMANDED.

ORFINGER and COWART, JJ., and POWELL, R.W., Associate Judge, concur.

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460 So. 2d 1016, 10 Fla. L. Weekly 70, 1984 Fla. App. LEXIS 16248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lanzer-v-wandless-fladistctapp-1984.

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