Ric-Rec, Inc. v. Capri Gardens Condominium, Inc.

District Court of Appeal of Florida

Ric-Rec, Inc. v. Capri Gardens Condominium, Inc.

379 So. 2d 407, 1980 Fla. App. LEXIS 15754

CourtDistrict Court of Appeal of Florida

DecidedJanuary 29, 1980

DocketNo. 79-474

StatusPublished

Cited by1 cases

This text of 379 So. 2d 407 (Ric-Rec, Inc. v. Capri Gardens Condominium, 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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Ric-Rec, Inc. v. Capri Gardens Condominium, Inc., 379 So. 2d 407, 1980 Fla. App. LEXIS 15754 (Fla. Ct. App. 1980).

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Opinion

HENDRY, Judge.

Ric-Rec, Inc., appellant/defendant, seeks review of the trial court’s order of summary [408]*408judgment which declared that Ric-Rec, Inc. be prohibited from increasing or escalating the recreational rental payments for the balance of the term of the recreational lease between the parties. Appellant submits, inter alia, that the record in the cause does not support a summary judgment in favor of the appellee/plaintiff on the basis that the evidence contained therein is susceptible of conflicting inferences; we agree. Titan Agencies, Inc. v. S. Kornreich & Sons, Inc., 355 So.2d 457 (Fla. 3d DCA 1978); Warren v. Bill Ray Construction Co., Inc., 269 So.2d 25 (Fla. 3d DCA 1972); Liberty Mutual Insurance Company v. Stuckey, 220 So.2d 421 (Fla. 4th DCA 1969).

Reversed and remanded with directions to, vacate the order of summary judgment and to proceed with the cause.

Reversed and remanded.

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HENDRY, Judge.

Ric-Rec, Inc., appellant/defendant, seeks review of the trial court’s order of summary [408]*408judgment which declared that Ric-Rec, Inc. be prohibited from increasing or escalating the recreational rental payments for the balance of the term of the recreational lease between the parties. Appellant submits, inter alia, that the record in the cause does not support a summary judgment in favor of the appellee/plaintiff on the basis that the evidence contained therein is susceptible of conflicting inferences; we agree. Titan Agencies, Inc. v. S. Kornreich & Sons, Inc., 355 So.2d 457 (Fla. 3d DCA 1978); Warren v. Bill Ray Construction Co., Inc., 269 So.2d 25 (Fla. 3d DCA 1972); Liberty Mutual Insurance Company v. Stuckey, 220 So.2d 421 (Fla. 4th DCA 1969).

Reversed and remanded with directions to, vacate the order of summary judgment and to proceed with the cause.

Reversed and remanded.

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379 So. 2d 407, 1980 Fla. App. LEXIS 15754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ric-rec-inc-v-capri-gardens-condominium-inc-fladistctapp-1980.

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