Fisher v. Heilbronner

Florida District Courts of Appeal
Fisher v. Heilbronner, 425 So. 2d 667 (1983)
1983 Fla. App. LEXIS 27738
Baskin, Hubbart, Pearson

Fisher v. Heilbronner

Opinion of the Court

PER CURIAM.

Guided by the well-established principles that in determining the propriety of the entry of a summary judgment, we must view the facts in a light most favorable to the party against whom judgment has been entered, McGahee v. Dade County Board of Public Instruction, 279 So.2d 87 (Fla. 3d DCA 1973), and indulge all proper inferences in favor of such party, Thermo Air Contractors, Inc. v. Travelers Indemnity Co., *668277 So.2d 47 (Fla. 3d DCA 1973), we are compelled to conclude that the appellees have failed to show conclusively, as they must, Visingardi v. Tirone, 193 So.2d 601 (Fla. 1967), that there were no genuine issues of material fact as to whether the appellees undertook to represent or did in fact represent the appellant; the appellees breached the duty which arose out of that representation; and the appellees’ breach proximately caused damage to the appellant. Accordingly, the summary judgment entered in favor of the appellees is reversed and the cause remanded.

Reversed and remanded.

Reference

Full Case Name
Alvin FISHER, M.D. v. Edward I. HEILBRONNER Sparber, Zemel, Roskin & Heilbronner, P.A. Sparber, Shevin, Shapo & Heilbronner, P.A. and American Bankers Insurance Company of Florida
Cited By
1 case
Status
Published