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STROH v. TOLZ

District Court of Appeal of Florida, Fourth District
Feb 20, 1984
444 So. 2d 554 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-1157.

January 25, 1984. Rehearing Denied February 20, 1984.

Appeal from Circuit Court, Broward County; Joseph E. Price, Judge.

Richard P. Gumson and Arthur Braverman of Richard P. Gumson, P.A., Hollywood, for appellant.

Donald G. Criscuolo of Genet Milner, North Miami Beach, for appellee-Sol B. Corp.


Appellant challenges the propriety of two adverse summary judgments: one entered on the original claim and one entered on the counterclaim. Our review of the record filed in this cause leads us to conclude that the appellee, as the movant on both motions, failed to negate the existence of genuine issues of material fact. Consequently, both summary judgments are reversed and the cause is remanded for further proceedings. See Landers v. Milton, 370 So.2d 368 (Fla. 1979); McCabe v. Walt Disney World Co., 350 So.2d 814 (Fla. 4th DCA 1977).

REVERSED REMANDED FOR FURTHER PROCEEDINGS.

GLICKSTEIN, HURLEY and DELL, JJ., concur.


Summaries of

STROH v. TOLZ

District Court of Appeal of Florida, Fourth District
Feb 20, 1984
444 So. 2d 554 (Fla. Dist. Ct. App. 1984)
Case details for

STROH v. TOLZ

Case Details

Full title:RICHARD A. STROH, APPELLANT, v. MARIKA TOLZ, SOL B. CORP. AND STATEWIDE…

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 20, 1984

Citations

444 So. 2d 554 (Fla. Dist. Ct. App. 1984)