Lifshutz v. Atkinson, Jenne, Diner, Stone & Cohen, P.A.

District Court of Appeal of Florida

Lifshutz v. Atkinson, Jenne, Diner, Stone & Cohen, P.A.

549 So. 2d 1214, 14 Fla. L. Weekly 2470, 1989 Fla. App. LEXIS 5850, 1989 WL 120834

CourtDistrict Court of Appeal of Florida

DecidedOctober 18, 1989

DocketNo. 88-2045

StatusPublished

This text of 549 So. 2d 1214 (Lifshutz v. Atkinson, Jenne, Diner, Stone & Cohen, P.A.) 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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Lifshutz v. Atkinson, Jenne, Diner, Stone & Cohen, P.A., 549 So. 2d 1214, 14 Fla. L. Weekly 2470, 1989 Fla. App. LEXIS 5850, 1989 WL 120834 (Fla. Ct. App. 1989).

Pincite

Opinion

LETTS, Judge.

This appeal concerns the existence of genuine issues of material facts which should have precluded the entry of a final summary judgment. We reverse.

While the deposition in the file, and the affidavit in opposition to the motion for summary judgment, are somewhat equivocal, it is clear that the law firm’s client is alleging that he settled an approximately $24,000 attorney’s fee for a mere $5,000. Needless to say, the law firm denies any such arrangement.

As we see it, this controversy boils down to a question of credibility. That being so, under the facts of this case, a final summary judgment was inappropriate.

REVERSED AND REMANDED.

WARNER, J., and KANAREK, PAUL B., Associate Judge, concur.

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