RONALD J. VOGEL AND LINDA B. VOGEL, APPELLANTS,
v.
HILL DOVER, D/B/A HILL DOVER REAL ESTATE, ET AL., APPELLEES
RONALD J. VOGEL AND LINDA B. VOGEL, APPELLANTS,
HILL DOVER, D/B/A HILL DOVER REAL ESTATE, ET AL., APPELLEES
312 So. 2d 536
Florida District Court of Appeal, First District (1975)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
This appeal questions the correctness of a summary judgment rendered in favor of appellees.
The record on appeal fails to conclusively establish that there was no genuine triable issue of material fact under the issues as made by the complaint and the amended answer thereto. Under these circumstances, appellees were not entitled to judgment as a matter of law, and the trial court erred in holding to the contrary.
The judgment appealed is reversed and the cause remanded to the trial court for the purpose of receiving evidence on the issues as made by the pleadings and rendering final judgment thereon.
Reversed and remanded.
RAWLS, C. J., and MILLS and JOHNSON, JJ., concur.
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Carmine Brancaccio and Helen Brancaccio v. Jackal Corp., 641 So. 2d 114 (Fla. 3d DCA 1994)…WL 150171 (Fla. 4th DCA 1993), we are unable to adequately review the entire trial court record to determine whether the contents of the notes and drawings were important enough to the issues of the case to require a new trial. See Gills v. Angelis, 312 So. 2d 536 (Fla. 2d DCA 1975), cert. denied, 330 So. 2d 17 (Fla.1976); Schoeppl v. Okolowitz, 133 So. 2d 124 (Fla. 3d DCA 1961). Accordingly, the trial court’s order denying the plaintiffs’ request for a new trial is affirmed. GODERICH, J., concurs.…
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Whitman v. Gaffan, 376 So. 2d 291 (Fla. 3d DCA 1979)…PER CURIAM. Affirmed. Castlewood International Corp. v. LaFleur, 322 So. 2d 520 (Fla.1976); Gills v. Angelis, 312 So. 2d 536 (Fla.2d DCA 1975), cert. denied, 330 So. 2d 17 (Fla.1976); Schoeppl v. Okolowitz, 133 So. 2d 124 (Fla.3d DCA 1961); see Etheridge v. Firemen’s Fund Ins. Co., 319 So. 2d 643 (Fla.3d DCA 1975).…