Florida District Courts of Appeal, 1978

Belghaus v. Polcar

Florida District Courts of Appeal · Decided March 8, 1978 · Boardman, Danahy, Ryder

356 So. 2d 44; 1978 Fla. App. LEXIS 15096 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Garcia v. Proefke-Nielson Construction Co. (Fla. Dist. Ct. App. 1979)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Appellant, Joseph Belghaus, appeals a final summary judgment in favor of appellee, Mary Ann Polcar.

*45After review of the record, including the complaint, deposition, exhibits, and affidavits filed in this case, we find a genuine issue of material fact to exist with respect to whether appellant has a claim for an equitable lien on the real property owned by appellee. See Wagner v. Roberts, 320 So.2d 408 (Fla. 2d DCA 1975). The movant has failed to conclusively resolve this question in his favor since it appears that there are reasonable inferences which may be drawn in favor of the nonmoving party. Consequently, the trial court erred in granting appellee’s motion for summary judgment. Florida Power Corp. v. Taylor, 332 So.2d 687 (Fla. 2d DCA 1976); Fla.R.Civ.P. 1.510(c).

Accordingly, the final summary judgment is reversed and the case remanded for further proceedings consistent with this opinion.

REVERSED and REMANDED.

BOARDMAN, C. J., and RYDER and DANAHY, JJ., concur.

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