LEONTINE B. SUSINO, APPELLANT/CROSS APPELLEE,
v.
ESTATE OF JAMES V. SUSINO, DECEASED; THERESA HILGER, INDIVIDUALLY AND AS CO-PERSONAL REPRESENTATIVE, AND LUCILLE HINO, INDIVIDUALLY AND AS CO-PERSONAL REPRESENTATIVE, APPELLEES/CROSS APPELLANTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court reversed the trial court's finding that estate representatives Hilger and Hino were not individually liable on a specific performance count, holding that a genuine issue of material fact remained requiring trial on that issue.
A genuine issue of material fact exists regarding whether estate representatives Hilger and Hino can be individually liable on the specific performance count, precluding summary judgment.
[1] Summary judgment is improper when a genuine issue of material fact remains as to individual liability of estate representatives on a specific performance claim.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceSusino appealed a final judgment in a dispute involving the Estate of James V. Susino, with Hilger and Hino serving as co-personal representatives.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Individual Liability cases and more on FLexlaw
PER CURIAM.
A genuine issue of material fact remains as to whether the appellees, Hilger and Hino, can be individually liable on the specific performance count. We reverse that portion of the final judgment finding Hil-ger and Hino not individually liable on the specific performance count because that count was never litigated at trial. In entering the final judgment, the trial court modified that portion of the previously entered partial summary judgment which found Hilger and Hino individually liable on this count. In our view, at the conclusion of the hearing on the motion for summary judgment, a genuine issue of material fact remained as to whether Hilger'and Hino could be held individually liable on the specific performance count. Therefore, we also reverse that portion of the partial summary judgment finding Hilger and Hino individually liable on this count.
Since we reverse those portions of the partial summary judgment and the final judgment disposing of this issue, we remand for a trial to determine whether Hil-ger and Hino may be held individually liable on the specific performance count. In all other respects the final judgment is affirmed.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.
GLICKSTEIN and GUNTHER, JJ., and ROBINSON, STEVEN D., Associate Judge, concur.