Westerstrom v. Redcliff Properties, Inc.

District Court of Appeal of Florida

Westerstrom v. Redcliff Properties, Inc.

508 So. 2d 482, 12 Fla. L. Weekly 1434, 1987 Fla. App. LEXIS 8708

District Court of Appeal of Florida·Decided June 9, 1987·No. No. 85-2064·Published·Cited by 1 cases

Opinion

PER CURIAM.

We reverse the trial court’s order granting Redcliff Properties, Inc. (Redcliff) summary judgment because there remains a disputed issue of fact. Whether Redcliff retook possession of the property for its own account or for the account of Wester-strom is an unresolved and material issue of fact precluding summary judgment. See Hyman v. Cohen, 73 So.2d 393 (Fla.1954); Wolf v. Buchman, 425 So.2d 182 (Fla. 3d DCA 1983); Diehl v. Gibbs, 173 So.2d 719 (Fla. 1st DCA 1965). Accordingly, the summary judgment under review is reversed.

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PER CURIAM.

We reverse the trial court’s order granting Redcliff Properties, Inc. (Redcliff) summary judgment because there remains a disputed issue of fact. Whether Redcliff retook possession of the property for its own account or for the account of Wester-strom is an unresolved and material issue of fact precluding summary judgment. See Hyman v. Cohen, 73 So.2d 393 (Fla.1954); Wolf v. Buchman, 425 So.2d 182 (Fla. 3d DCA 1983); Diehl v. Gibbs, 173 So.2d 719 (Fla. 1st DCA 1965). Accordingly, the summary judgment under review is reversed.

Westerstrom v. Redcliff Properties, Inc., 508 So. 2d 482, 12 Fla. L. Weekly 1434, 1987 Fla. App. LEXIS 8708 (Fla. Ct. App. 1987).

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