CARMINE MARTUCCI, APPELLANT,
v.
AMES BENNETT, AIA, RICHARD GARFIELD, BLISS & NYITRAY, INC., ETC., AND MOSELEY COLLINS, ET AL., APPELLEES; CARMINE MARTUCCI, APPELLANT, V. BLISS & NYITRAY, INC., ETC., RICHARD GARFIELD, ET AL., APPELLEES; CARMINE MARTUCCI, APPELLANT, V. MOSELEY COLLINS AND RICHARD GARFIELD, ET AL., APPELLEES

Fla. 4th DCA | 1978-03-14
Nos. 77-57, 77-88 and 77-89
ALDERMAN, C. J., and CROSS, J., concur.
356 So. 2d 58 Florida District Court of Appeal, Fourth District (1978) Positive Treatment
Cited by 2 cases
Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This case comes to us after a summary final judgment was entered for Appellees against Appellant. There are material issues of fact raised within the pleadings and the depositions which cannot be resolved by summary judgment at this point. For example, there is a question of the authority of an alleged agent to bind the Appellant as a principal and there is a question as to whether the claims of lien were filed on time. These issues and any others which may become apparent must be resolved before a final judgment can be rendered. Holl v. Talcott, 191 So. 2d 40 (Fla.1966).

REVERSED and REMANDED.

ALDERMAN, C. J., and CROSS, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Evans v. State, 409 So. 2d 1078 (Fla. 4th DCA 1981)
    …larceny nor aiding and abetting are lesser included offenses to burglary. Thus, he contends his probation was improperly revoked on the basis of violations not alleged in the probation affidavit. To support his position, Evans cites Cucco v. State, 356 So. 2d 58 (Fla. 4th DCA 1978). In Cucco the defendant was charged with having violated his probation by committing grand larceny. The trial court revoked his probation upon a finding that he had engaged in the sale of stolen property. We reversed, holding tha…
    1 / 2

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw