JOSEPH M. BRUCE AND WENDELL ALLEN, INDIVIDUALLY AND AS TRUSTEES, APPELLANTS,
v.
WILLIAMS S. TURNBULL, INDIVIDUALLY AND AS TRUSTEE, AND ORANGE COUNTY, FLORIDA, APPELLEES
JOSEPH M. BRUCE AND WENDELL ALLEN, INDIVIDUALLY AND AS TRUSTEES, APPELLANTS,
WILLIAMS S. TURNBULL, INDIVIDUALLY AND AS TRUSTEE, AND ORANGE COUNTY, FLORIDA, APPELLEES
327 So. 2d 250
Florida District Court of Appeal, Fourth District (1976)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The plaintiffs in a slander of title suit appeal an adverse summary judgment. The record discloses the existence of genuine issues of material fact on the several elements of this cause of action as enunciated in Gates v. Utsey, 177 So. 2d 486 (Fla.App.1st 1965). Thus, the case was not ripe for a disposition via summary judgment. Reversed, and remanded for further proceedings.
Reversed and remanded.
OWEN, MAGER and DOWNEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Arlington Towers Condo. N., Inc. v. Allington Towers N., Inc., 415 So. 2d 118 (Fla. 4th DCA 1982)…create an issue of material fact as to the existence of malice which could defeat the qualified privilege of a rival claimant to the property. This factual dispute cannot be resolved on summary judgment. Crabtree v. Rogers, supra; Bruce v. Turnbull, 327 So. 2d 250 (Fla. 4th DCA 1976). See also Annot., 129 A.L.R. 179 (1940); Annot., 30 A.L.R.2d 840 (1955). We, therefore, reverse the partial summary judgment on the issue of liability. GLICKSTEIN, HURLEY and DELL, JJ., concur.…
Authorities Cited
- Ethelee G. Gates v. Utsey, 177 So. 2d 486 (Fla. 1st DCA 1965)