Robbins v. Blaya

Full title: MALCOLM ROBBINS, APPELLANT, v. JOAQUIN F. BLAYA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Dec 1, 1978

363 So. 2d 1128 (Fla. Dist. Ct. App. 1978)

Opinion

No. 77-2136.

October 31, 1978. Rehearing Denied December 1, 1978.

Appeal from Circuit Court, Dade County; Milton A. Friedman, Judge.

Reid Heeke, Palm Beach, for appellant.

Miller Russell and Edgar Miller, Miami, for appellee.

Before PEARSON, HENDRY^_ and KEHOE, JJ.

_ Judge Hendry participated in the decision in this case but did not hear oral argument.

KEHOE, Judge.

Appellant, plaintiff below, brings this appeal from a final summary judgment dated September 23, 1977, in favor of appellee. We must reverse because there were justiciable issues of fact which existed that could not be properly resolved by reference to a separate divorce action. Fla.R.Civ.P. 1.510. Accordingly, the final summary judgment appealed is reversed and the cause is remanded for further proceedings in the trial court.

Reversed and remanded.