Opinion
No. 88-1810.
June 15, 1989.
Appeal from the Circuit Court for Orange County; George N. Diamantis, Judge.
Charles R. Steinberg of Steinberg Stutin, P.A., Orlando, for appellant.
Chris Ballentine of Fisher, Rushmer, Werrenrath, Keiner, Wack Dickson, P.A., Orlando, for appellee.
AFFIRMED.
DAUKSCH and DANIEL, JJ., concur.
GOSHORN, J., concurs specially with opinion.
I concur because the parties stipulated that this case could be decided by summary judgment even though certain material facts were in dispute. The trial judge, therefore, was free to chose which disputed fact to believe and which to disbelieve. Under these circumstances, we must affirm the trial court.