Invo Florida, Inc. v. Somerset Venturer, Inc.

Full title: INVO FLORIDA, INC., a Florida Corporation, Appellant, v. SOMERSET…

Court: District Court of Appeal of Florida, Third District

Date published: Mar 12, 2003

847 So. 2d 990 (Fla. Dist. Ct. App. 2003)

Opinion

Case Nos. 3D01-3056, 3D02-1016.

Opinion filed March 12, 2003. Rehearing, Rehearing En Banc and Certificaion of Conflict Denied June 11, 2003.

Appeals from the Circuit Court for Dade County, Alan L. Postman, Judge (Case No. 01-3056 and 02-1016), and Ronald C. Dresnick, Judge (Case No. 01-3056). Lower Tribunal No. 94-20780.

Hoffman Hertzig and Carl H. Hoffman, for appellant.

Goldstein, Tanen Trench; Elizabeth K. Russo; Yelen Yelen and Jan A. Yelen, for appellees.

Before SCHWARTZ, C.J., and LEVY and GREEN, JJ.

PER CURIAM.

Affirmed.

LEVY and GREEN, JJ., concur.

SCHWARTZ, Chief Judge (dissenting).

I do not agree that the movants-defendants satisfied their burden of conclusively demonstrating the absence of a genuine issue concerning the dispositive question on appeal — whether the plaintiff was financially able to perform in accordance with the terms of the offer as to which it had the right of first refusal. See Blue Lakes Apartments, Ltd. v. George Gowing, Inc., 464 So.2d 705, 708-709 (Fla. 4th DCA 1985). Therefore, I would reverse the summary judgment below.