BOBBY OSBORNE, APPELLANT,
v.
ELIZABETH MASSEY INVESTMENT CORP., ETC., ET AL., APPELLEES
BOBBY OSBORNE, APPELLANT,
ELIZABETH MASSEY INVESTMENT CORP., ETC., ET AL., APPELLEES
467 So. 2d 838
Florida District Court of Appeal, Fourth District (1985)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Appellant challenges the propriety of an adverse summary judgment. Our review of the record leads us to conclude that the appellee/movant failed to negate the existence of genuine issues of material fact. Consequently, the final summary judgment is reversed and the cause is remanded for further proceedings. See Landers v. Milton, 370 So. 2d 368 (Fla.1979); McCabe v. Walt Disney World Co., 350 So. 2d 814 (Fla. 4th DCA 1977).
Reversed and remanded for further proceedings.
HURLEY, WALDEN and BARKETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Nevins v. Nevins, 495 So. 2d 918 (Fla. 4th DCA 1986)…entiary hearing. We hold simply that whether the evidenced need was adequately met by the voluntary contributions was a genuine issue of material fact which renders summary disposition inappropriate. See Osborne v. Elizabeth Massey Investment Corp., 467 So. 2d 838 (Fla. 4th DCA 1985). We also note that appellant’s affidavit of April 18,1984, fails to take into account the cost of shelter, electricity, water or telephone attributable to the children, consideration of which would be helpful to the trial court…
Authorities Cited
- Irving W. Landers et ux. v. Adelle L. Milton, 370 So. 2d 368 (Fla. 1979)
- McCABE v. Walt Disney World Co., 350 So. 2d 814 (Fla. 4th DCA 1977)