MHI, Inc. v. DeCamp Realty, Inc.

District Court of Appeal of Florida

MHI, Inc. v. DeCamp Realty, Inc.

726 So. 2d 305, 1999 Fla. App. LEXIS 2248, 1999 WL 104466

CourtDistrict Court of Appeal of Florida

DecidedMarch 3, 1999

DocketNo. 98-1064

StatusPublished

This text of 726 So. 2d 305 (MHI, Inc. v. DeCamp Realty, Inc.) 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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MHI, Inc. v. DeCamp Realty, Inc., 726 So. 2d 305, 1999 Fla. App. LEXIS 2248, 1999 WL 104466 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

This is an appeal from the granting of a partial summary judgment in favor of the Defendants, DeCamp Realty, Inc. and Joseph Senesac, Sr. determining that there is no liability on the claims of the Plaintiff, MHI, Inc., for civil theft and fraud. We reverse. There are disputed issues of fact concerning intent that should be resolved by the finder of fact. American Int’l Realty, Inc. v. Southeast First National Bank of Miami, 468 So.2d 383 (Fla. 3rd DCA 1985) and Burke v. Metropolitan Dade County, 706 So.2d 1379 (Fla. 3rd DCA 1998).

REVERSED and REMANDED.

DELL, STEVENSON and HAZOURI, JJ., concur.

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PER CURIAM.

This is an appeal from the granting of a partial summary judgment in favor of the Defendants, DeCamp Realty, Inc. and Joseph Senesac, Sr. determining that there is no liability on the claims of the Plaintiff, MHI, Inc., for civil theft and fraud. We reverse. There are disputed issues of fact concerning intent that should be resolved by the finder of fact. American Int’l Realty, Inc. v. Southeast First National Bank of Miami, 468 So.2d 383 (Fla. 3rd DCA 1985) and Burke v. Metropolitan Dade County, 706 So.2d 1379 (Fla. 3rd DCA 1998).

REVERSED and REMANDED.

DELL, STEVENSON and HAZOURI, JJ., concur.

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726 So. 2d 305, 1999 Fla. App. LEXIS 2248, 1999 WL 104466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mhi-inc-v-decamp-realty-inc-fladistctapp-1999.

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