Florida District Courts of Appeal, 1972

Boykin v. Westbrook Air Conditioning & Plumbing, Inc.

Boykin v. Westbrook Air Conditioning & Plumbing, Inc.
Florida District Courts of Appeal · Decided September 20, 1972 · Cross, Owen, Walden
267 So. 2d 98 (Southern Reporter, Second Series)

Boykin v. Westbrook Air Conditioning & Plumbing, Inc.

Opinion of the Court

PER CURIAM.

Affirmed.

CROSS and OWEN, JJ., concur. WALDEN, J., dissents, with opinion.

Dissenting Opinion

WALDEN, Judge

(dissenting):

Summary final judgment was entered for plaintiff in a breach of contract case. I would reverse. There are genuine issues of material fact which preclude judgment as a matter of law. Rule 1.510(c), Fla.R. Civ.P., 31 F.S.A.; Holl v. Talcott, 191 So.2d 40 (Fla. 1966). The record reveals a dispute at least as to the existence of a contract and whether same was based upon a cognizable mistake which would entitle appellant to relief. The judgment should be voided and the cause remanded to the end that the appellant might have his day in court.

I would reverse.

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