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Wilson v. Mitchell

District Court of Appeal of Florida, Third District
Oct 24, 1967
203 So. 2d 213 (Fla. Dist. Ct. App. 1967)

Opinion

No. 67-8.

October 24, 1967.

Appeal from the Circuit Court, Dade County, Gene Williams, J.

Ralph F. Miles, Hialeach, for appellants.

Martin Lemlich, Miami, for Inmans, appellees.

Before CHARLES CARROLL, C.J., and HENDRY and SWANN, JJ.


The appellants, the Wilsons, have appealed from an adverse summary final decree entered by the Chancellor below.

The burden of a party moving for a summary decree is that of showing conclusively the non-existence of any material issues of fact. See Holl v. Talcott, Fla. 1966, 191 So.2d 40.

It would appear that there was an unresolved issue of fact as to whether one of the defendants, Irving Zimmerman, acted in the capacity of agent for two of the other defendants, the Inmans. The movants have failed to resolve this issue conclusively as there are reasonable inferences which may be drawn in favor of the non-moving parties. The question of whether the Inmans were bona fide purchasers for value under the circumstances similarly should not have been determined by a summary final decree.

Accordingly the summary final decree is reversed and remanded for further proceedings consistent herewith.


Summaries of

Wilson v. Mitchell

District Court of Appeal of Florida, Third District
Oct 24, 1967
203 So. 2d 213 (Fla. Dist. Ct. App. 1967)
Case details for

Wilson v. Mitchell

Case Details

Full title:PAULINE G. WILSON AND RUSSELL H. WILSON, JR., APPELLANTS, v. HANSON A…

Court:District Court of Appeal of Florida, Third District

Date published: Oct 24, 1967

Citations

203 So. 2d 213 (Fla. Dist. Ct. App. 1967)