New Life Builders, Inc. v. Cohen

District Court of Appeal of Florida

New Life Builders, Inc. v. Cohen

673 So. 2d 988, 1996 Fla. App. LEXIS 5519, 1996 WL 280020

CourtDistrict Court of Appeal of Florida

DecidedMay 29, 1996

DocketNo. 95-2109

StatusPublished

This text of 673 So. 2d 988 (New Life Builders, Inc. v. Cohen) 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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New Life Builders, Inc. v. Cohen, 673 So. 2d 988, 1996 Fla. App. LEXIS 5519, 1996 WL 280020 (Fla. Ct. App. 1996).

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Opinion

STEVENSON, Judge.

We reverse the final order of summary judgment on appeal as to counts II (breach of contract) and VI (theft) of appellant’s fifth amended complaint. We find that there are genuine issues of material fact concerning whether the alleged wrongful conduct took place after the parties executed a release and entered into a settlement agreement terminating their business relationship. See Pieter Bakker Mgmt., Inc. v. First Federal Savings & Loan Ass’n, 541 So.2d 1334 (Fla. 3d DCA), rev. denied, 549 So.2d 1014 (Fla.1989) (wrongful conduct occurring subsequent to the signing. of a general release may be actionable). In all other respects, the final order on appeal is affirmed.

Affirmed in part, reversed in part and remanded.

DELL and KLEIN, JJ., concur.

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STEVENSON, Judge.

We reverse the final order of summary judgment on appeal as to counts II (breach of contract) and VI (theft) of appellant’s fifth amended complaint. We find that there are genuine issues of material fact concerning whether the alleged wrongful conduct took place after the parties executed a release and entered into a settlement agreement terminating their business relationship. See Pieter Bakker Mgmt., Inc. v. First Federal Savings & Loan Ass’n, 541 So.2d 1334 (Fla. 3d DCA), rev. denied, 549 So.2d 1014 (Fla.1989) (wrongful conduct occurring subsequent to the signing. of a general release may be actionable). In all other respects, the final order on appeal is affirmed.

Affirmed in part, reversed in part and remanded.

DELL and KLEIN, JJ., concur.

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673 So. 2d 988, 1996 Fla. App. LEXIS 5519, 1996 WL 280020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-life-builders-inc-v-cohen-fladistctapp-1996.

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