Florida District Courts of Appeal, 1977

Chillemi v. Rose

Chillemi v. Rose
Florida District Courts of Appeal · Decided August 9, 1977 · Anstead, Dauksch, Downey
352 So. 2d 92; 1977 Fla. App. LEXIS 16100 (Southern Reporter, Second Series)

Chillemi v. Rose

Opinion of the Court

PER CURIAM.

The appellant, Philip J. Chillemi, is appealing orders for partial summary judgment and judgment on the pleadings in a partition action. This court is of the view that there are issues on the face of the pleadings and genuine issues of material fact which precluded entry of the orders appealed. Accordingly, the orders of the trial court granting a partial summary judgment and granting a judgment on the pleadings are hereby reversed for further proceedings consistent herewith.

DOWNEY, ANSTEAD and DAUKSCH, JJ., concur.

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