Flinn v. Shields

Full title: GENE FLINN, APPELLANT, v. KAREN SHIELDS AND VIRGINIA CATHCART, APPELLEES

Court: District Court of Appeal of Florida, Third District

Date published: Jan 22, 1988

517 So. 2d 49 (Fla. Dist. Ct. App. 1988)

Opinion

No. 86-1470.

December 8, 1987. Rehearing Denied January 22, 1988.

An Appeal from the Circuit Court for Dade County; Robert P. Kaye, Judge.

Gene Flinn, Miami, in pro. per.

Womack, Lombana Bass and Judith A. Bass, Greer, Homer, Cope Bonner and Gerald B. Cope, Jr., Miami, for appellees.

Before SCHWARTZ, C.J., and HENDRY and FERGUSON, JJ.

PER CURIAM.

Plaintiff appeals a summary judgment entered in favor of the defendants in an action charging fraud and conspiracy. The record on appeal discloses that there are genuine issues of material fact which have not been eliminated by the movants for summary judgment. See Nessim v. DeLoache, 384 So.2d 1341 (Fla. 3d DCA 1980).

Reversed and remanded for further proceedings.

HENDRY and FERGUSON, JJ., concur.

SCHWARTZ, Chief Judge (dissenting).

Assuming the very doubtful proposition that the plaintiff had stated any cognizable claim for relief, I think it clear that its factual non-existence was established beyond genuine issue and as a matter of law. I would affirm.