Summary
finding summary judgment was inappropriate where issues of material fact remained to be resolved
Summary of this case from AVVA-BC, LLC v. AmielOpinion
No. 3D07-2084.
June 11, 2008.
An Appeal from the Circuit Court for Miami-Dade County, Robert N. Scola, Judge.
N. Fraser Schuh, for appellant.
Gilbride, Heller Brown, and Dyanne E. Feinberg and Joshua D. Clark, Miami, for appellee.
Before GREEN, SUAREZ and CORTIÑAS, JJ.
Adorno Yoss, L.L.P. ("Adorno") brought a claim against Gregory A. Martin, a former firm partner, for breach of fiduciary duty. Adorno moved for summary judgment, and the parties submitted competing affidavits. The trial court granted Adorno's motion for summary judgment, and Martin has appealed.
This Court examined the record agreement and determined that issues of material fact remain to be resolved, rendering summary judgment inappropriate. We reverse the order granting summary judgment and remand accordingly for further proceedings.
Reversed and remanded.