Levey v. Levenstein

District Court of Appeal of Florida

Levey v. Levenstein

510 So. 2d 365, 12 Fla. L. Weekly 1825, 1987 Fla. App. LEXIS 9577

District Court of Appeal of Florida·Decided July 28, 1987·No. No. 86-3218·Published

Opinion

PER CURIAM.

We affirm the trial court’s order granting Levenstein summary judgment on the issue of liability. We reverse the trial court’s order, however, to the extent that it grants Levenstein specific performance of the novation. As Levenstein readily concedes on appeal, his second amended complaint sought damages relief exclusively and his motion for summary judgment was directed solely at the issue of liability. Consequently the trial court erred in granting Levenstein equitable relief. See Allstate Ins. Co. v. Arvida Corp., 421 So.2d 741 (Fla. 4th DCA 1982). Accordingly, we reverse and remand the cause for further proceedings on the issue of damages.

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PER CURIAM.

We affirm the trial court’s order granting Levenstein summary judgment on the issue of liability. We reverse the trial court’s order, however, to the extent that it grants Levenstein specific performance of the novation. As Levenstein readily concedes on appeal, his second amended complaint sought damages relief exclusively and his motion for summary judgment was directed solely at the issue of liability. Consequently the trial court erred in granting Levenstein equitable relief. See Allstate Ins. Co. v. Arvida Corp., 421 So.2d 741 (Fla. 4th DCA 1982). Accordingly, we reverse and remand the cause for further proceedings on the issue of damages.

Levey v. Levenstein, 510 So. 2d 365, 12 Fla. L. Weekly 1825, 1987 Fla. App. LEXIS 9577 (Fla. Ct. App. 1987).

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Opinion

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