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

CourtDistrict Court of Appeal of Florida

DecidedJuly 28, 1987

DocketNo. 86-3218

StatusPublished

This text of 510 So. 2d 365 (Levey v. Levenstein) 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

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

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.

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510 So. 2d 365, 12 Fla. L. Weekly 1825, 1987 Fla. App. LEXIS 9577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levey-v-levenstein-fladistctapp-1987.

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