BUMBY & STIMPSON, INC., APPELLANT,
v.
SOUTHERN REINFORCING STEEL CO., INC. (NOW KNOWN AS SOUTHERN STEEL INDUSTRIES, INC.), APPELLEE
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PER CURIAM.
Based upon a review of the briefs and record on appeal we are of the opinion that there exist issues of triable fact which preclude the entry of summary judgment. Shaffran v. Holness, 93 So. 2d 94 (Fla.1957); Nance v. Ball, 134 So. 2d 35 (Fla. 2d DCA 1961); Coquina Ridge Properties v. East West Company, 255 So. 2d 279 (Fla. 4th DCA 1971). For example, the existence or nonexistence of a contract between the parties as well as the presence or absence of a unilateral mistake are such issues that do not lend themselves to summary disposition. We further conclude that the doctrine of promissory estoppel, as delineated in Drennan v. Star Paving Co., 51 Cal.2d 409, 333 P. 2d 757 (1958), (but see Southeastern Sales & Service Co. v. T. T. Watson, Inc., 172 So. 2d 239 (Fla. 2d DCA 1965)) should be considered and applied as the facts suggest after a hearing on the merits. Accordingly, the summary final judgment is reversed and the cause remanded to the trial court for further proceedings consistent herewith.
REVERSED AND REMANDED.
MAGER, C. J., LETTS, J., and MOUNTS, MARVIN U., Jr., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Marholin v. Kaye, 503 So. 2d 950 (Fla. 3d DCA 1987)…(Fla. 3d DCA 1982); Nessim v. DeLoache, 384 So. 2d 1341 (Fla. 3d DCA 1980); Brewer v. Vandervalk, 374 So. 2d 553 (Fla. 3d DCA 1979); Smith v. Hussey, 363 So. 2d 1138 (Fla. 2d DCA 1978); Bumby & Stimpson, Inc. v. Southern Reinforcing Steel Co., Inc., 348 So. 2d 1216 (Fla. 4th DCA 1977). Reversed and remanded for further proceedings.…
Authorities Cited
- Shaffran v. Holness, 93 So. 2d 94 (Fla. 1957)
- Nance v. Linzy Ball and June Ball, 134 So. 2d 35 (Fla. 2d DCA 1961)
- Se. Sales & Serv. Co. v. T. T. Watson, Inc., 172 So. 2d 239 (Fla. 2d DCA 1965)
- Coquina Ridge Props. v. E. W. Co., 255 So. 2d 279 (Fla. 4th DCA 1971)