Lifshutz v. Atkinson, Jenne, Diner, Stone & Cohen, P.A.
Lifshutz v. Atkinson, Jenne, Diner, Stone & Cohen, P.A.
549 So. 2d 1214; 14 Fla. L. Weekly 2470; 1989 Fla. App. LEXIS 5850; 1989 WL 120834
(Southern Reporter, Second Series)
Lifshutz v. Atkinson, Jenne, Diner, Stone & Cohen, P.A.
Opinion of the Court
This appeal concerns the existence of genuine issues of material facts which should have precluded the entry of a final summary judgment. We reverse.
While the deposition in the file, and the affidavit in opposition to the motion for summary judgment, are somewhat equivocal, it is clear that the law firm’s client is alleging that he settled an approximately $24,000 attorney’s fee for a mere $5,000. Needless to say, the law firm denies any such arrangement.
As we see it, this controversy boils down to a question of credibility. That being so, under the facts of this case, a final summary judgment was inappropriate.
REVERSED AND REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.