Allen v. Estate of Dutton
Allen v. Estate of Dutton
Opinion of the Court
This is the third time this dispute has been before us for review. On one occasion it was here for us to review an order awarding attorney’s fees. Allen v. Estate of Dutton, 384 So.2d 171 (Fla. 5th DCA 1980). Another time it was here for us to review a summary judgment. Allen v. Estate of Dutton, 394 So.2d 132 (Fla. 5th DCA 1980) rev. den. 402 So.2d 609 (1981). Now it is here after trial and judgment.
In Allen, 394 So.2d 132, the principal question before us was whether the summary judgment was proper or whether the allegations and evidence considered in support of and opposition to the motion for summary judgment were sufficient to sustain that judgment. As must be abundantly clear from that opinion, there were allegations and supporting facts adduced to require the matter to go to trial rather than be disposed of by a mere motion for summary judgment. See that opinion for the facts involved.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.