Florida District Courts of Appeal, 1982

Lee v. Lee

Lee v. Lee
Florida District Courts of Appeal · Decided February 17, 1982 · Cowart, Dauksch, Upchurch
409 So. 2d 1178; 1982 Fla. App. LEXIS 19315 (Southern Reporter, Second Series)

Lee v. Lee

Opinion of the Court

PER CURIAM.

AFFIRMED.

FRANK D. UPCHURCH, Jr. and COWART, JJ., concur.

Dissenting Opinion

DAUKSCH, C. J.,

dissents with opinion.

I respectfully dissent.

In my opinion there is a genuine issue of fact as to whether James Lee knew, or under the circumstances should have known, that the property in question was partnership property. As the law requires, I have resolved all doubts and inferences in favor of the non-movant and am left convinced this case should not have been decided by summary judgment. I would reverse the summary judgment and have the case returned for trial. In that event, all the facts could be brought before a jury to determine the matter after resolving the conflicts in the evidence.

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