Madorsky v. Regalado

District Court of Appeal of Florida

Madorsky v. Regalado

667 So. 2d 1007, 1996 Fla. App. LEXIS 1368, 1996 WL 61341

District Court of Appeal of Florida·Decided February 14, 1996·No. No. 95-1723·Published

Opinion

PER CURIAM.

The plaintiffs below, Martin Madorsky, et al., appeal from an order granting final summary judgment in favor of the individual defendants, Marcelino Regalado, Carmen Re-galado, and Delio Trejo. After carefully reviewing the record, we find that the existence of conflicting affidavits demonstrates that genuine issues of material fact remain to be resolved by the fact-finder and that these issues preclude entry of summary judgment. Fla.R.Civ.P. 1.510; Watson v. Hahn, 664 So.2d 1083 (Fla. 5th DCA 1995); Goodman v. Anthony, 269 So.2d 756 (Fla. 3d DCA 1972). Therefore, we reverse.

Reversed and remanded.

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PER CURIAM.

The plaintiffs below, Martin Madorsky, et al., appeal from an order granting final summary judgment in favor of the individual defendants, Marcelino Regalado, Carmen Re-galado, and Delio Trejo. After carefully reviewing the record, we find that the existence of conflicting affidavits demonstrates that genuine issues of material fact remain to be resolved by the fact-finder and that these issues preclude entry of summary judgment. Fla.R.Civ.P. 1.510; Watson v. Hahn, 664 So.2d 1083 (Fla. 5th DCA 1995); Goodman v. Anthony, 269 So.2d 756 (Fla. 3d DCA 1972). Therefore, we reverse.

Reversed and remanded.

Madorsky v. Regalado, 667 So. 2d 1007, 1996 Fla. App. LEXIS 1368, 1996 WL 61341 (Fla. Ct. App. 1996).

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