Florida District Courts of Appeal, 1984

Stroh v. Tolz

Stroh v. Tolz
Florida District Courts of Appeal · Decided January 25, 1984 · Dell, Glickstein, Hurley
444 So. 2d 554; 1984 Fla. App. LEXIS 11467 (Southern Reporter, Second Series)

Stroh v. Tolz

Opinion of the Court

PER CURIAM.

Appellant challenges the propriety of twb adverse summary judgments: one entered on the original claim and one entered on the counterclaim. Our review of the record filed in this cause leads us to conclude that the appellee, as the movant on both motions, failed to negate the existence of genuine issues of material fact. Consequently, both summary judgments are reversed and the cause is remanded for further proceedings. See Landers v. Milton, 370 So.2d 368 (Fla. 1979); McCabe v. Walt Disney World Co., 350 So.2d 814 (Fla. 4th DCA 1977).

REVERSED & REMANDED FOR FURTHER PROCEEDINGS.

GLICKSTEIN, HURLEY and DELL, JJ., concur.

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