PEOPLES FIRST NATIONAL BANK OF MIAMI SHORES, AS ADMINISTRATOR CUM TESTAMENTO ANNEXO OF THE ESTATE OF L. G. BALL A/K/A LEGRAND BALL, DECEASED, APPELLANT,
v.
RAYMOND E. GILSON, JR., AND VIOLET M. GILSON, HIS WIFE, APPELLEES

Fla. 3d DCA | 1969-07-08
No. 69-87
Before PEARSON, C. J., and HENDRY and SWANN, JJ.
224 So. 2d 434 Florida District Court of Appeal, Third District (1969) Positive Treatment
Cited by 1 case

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Synopsis

This case involves an appeal from summary final judgments. The appellate court affirmed the judgment against one defendant but reversed the judgment against another, finding genuine issues of fact that required a trial.


Holding

The summary final judgment against Raymond E. Gilson, Sr. is affirmed because no reversible error was shown. The summary final judgment against Violet M. Gilson is reversed because genuine issues of fact existed, precluding summary judgment.


Key Quotes

“No argument has been advanced to show that reversible error was committed in the rendition of a summary final judgment against Raymond E. Gilson, Sr. This summary final judgment is, therefore, affirmed.”

Establishes the basis for affirming the judgment against the first defendant.

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Facts & Procedural History

Peoples First National Bank, as administrator of an estate, appealed from summary final judgments entered against it. The appeal concerned two separat…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal is from summary final judgments rendered in the Civil Court of Record in and for Dade County, Florida.

No argument has been advanced to show that reversible error was committed in the rendition of a summary final judgment against Raymond E. Gilson, Sr. This summary final judgment is, therefore, affirmed.

The record on appeal shows that there were genuine issues of fact to be determined by a trial of the issues made by the pleadings and no conclusive showing was made in the trial court which would justify the entry and rendition of a summary final judgment for the defendant below, Violet M. Gilson. See Visingardi v. Tirone, Fla.1966, 193 So.2d 601; Holl v. Talcott, Fla.1966, 191 So.2d 40.

The summary final judgment for the defendant, Violet M. Gilson, is therefore, reversed and the cause remanded for a trial of the issues therein.

It is so ordered.


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