Florida District Courts of Appeal, 1996

New Life Builders, Inc. v. Cohen

New Life Builders, Inc. v. Cohen
Florida District Courts of Appeal · Decided May 29, 1996 · Dell, Klein, Stevenson
673 So. 2d 988; 1996 Fla. App. LEXIS 5519; 1996 WL 280020 (Southern Reporter, Second Series)

New Life Builders, Inc. v. Cohen

Opinion of the Court

STEVENSON, Judge.

We reverse the final order of summary judgment on appeal as to counts II (breach of contract) and VI (theft) of appellant’s fifth amended complaint. We find that there are genuine issues of material fact concerning whether the alleged wrongful conduct took place after the parties executed a release and entered into a settlement agreement terminating their business relationship. See Pieter Bakker Mgmt., Inc. v. First Federal Savings & Loan Ass’n, 541 So.2d 1334 (Fla. 3d DCA), rev. denied, 549 So.2d 1014 (Fla. 1989) (wrongful conduct occurring subsequent to the signing. of a general release may be actionable). In all other respects, the final order on appeal is affirmed.

Affirmed in part, reversed in part and remanded.

DELL and KLEIN, JJ., concur.

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