Florida District Courts of Appeal, 1987

Westerstrom v. Redcliff Properties, Inc.

Florida District Courts of Appeal · Decided June 9, 1987 · Hendry, Hubbart, Nesbitt

508 So. 2d 482; 12 Fla. L. Weekly 1434; 1987 Fla. App. LEXIS 8708 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Stimpson Computing Scale Co. v. Knuck (Fla. Dist. Ct. App. 1987)

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.

We reverse the trial court’s order granting Redcliff Properties, Inc. (Redcliff) summary judgment because there remains a disputed issue of fact. Whether Redcliff retook possession of the property for its own account or for the account of Wester-strom is an unresolved and material issue of fact precluding summary judgment. See Hyman v. Cohen, 73 So.2d 393 (Fla. 1954); Wolf v. Buchman, 425 So.2d 182 (Fla. 3d DCA 1983); Diehl v. Gibbs, 173 So.2d 719 (Fla. 1st DCA 1965). Accordingly, the summary judgment under review is reversed.

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