Westerstrom v. Redcliff Properties

Full title: ROLF E. WESTERSTROM, APPELLANT, v. REDCLIFF PROPERTIES, INC., APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jun 9, 1987

508 So. 2d 482 (Fla. Dist. Ct. App. 1987)

Opinion

No. 85-2064.

June 9, 1987.

An Appeal from the Circuit Court for Dade County; George Orr, Judge.

Jerry M. Dale, Miami, and James N. Bush, Davie, for appellant.

M.S. Marlin and Gary R. Marlin, Miami, for appellee.

Before HENDRY, HUBBART and NESBITT, JJ.

PER CURIAM.

We reverse the trial court's order granting Redcliff Properties, Inc. (Redcliff) summary judgment because there remains a disputed issue of fact. Whether Redcliff retook possession of the property for its own account or for the account of Westerstrom is an unresolved and material issue of fact precluding summary judgment. See Hyman v. Cohen, 73 So.2d 393 (Fla. 1954); Wolf v. Buchman, 425 So.2d 182 (Fla. 3d DCA 1983); Diehl v. Gibbs, 173 So.2d 719 (Fla. 1st DCA 1965). Accordingly, the summary judgment under review is reversed.