Florida District Courts of Appeal, 1999

McGowan v. Miami-Dade County

Florida District Courts of Appeal · Decided January 20, 1999 · No. 98-1456 · Gersten, Jorgenson, Shevin

724 So. 2d 683; 1999 Fla. App. LEXIS 355; 1999 WL 17818 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

YURGAL PASCAL v. BROWARD WATER CONSULTANTS, INC, etc. (Fla. Dist. Ct. App. 2022)
AC HOLDINGS 2006, INC. v. McCarty (Fla. Dist. Ct. App. 2008)

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.

Gary McGowan appeals a final summary judgment on a breach of contract claim and *684an agreed order awarding attorney’s fees. We reverse the judgment as to Miami-Dade County: the record, which includes the affidavits submitted on rehearing, establishes the existence of the material factual issue whether the County breached the agreement with McGowan by failing to remove the pertinent documents from his personnel files and not from the internal affairs file.1 See Fatherly v. California Fed. Bank, 703 So.2d 1101, 1102 (Fla. 2d DCA 1997); Sapphire Condominium Ass’n, Inc. v. Amerivend Corp., 691 So.2d 600 (Fla. 4th DCA 1997). Accordingly, the County did not carry its burden on summary judgment. However, we affirm the summary judgment entered in favor of the other appellees. See E.C. Goldman, Inc. v. A/R/C Assocs., Inc., 543 So.2d 1268 (Fla. 5th DCA), review denied, 551 So.2d 461 (Fla. 1989); Busby v. City of Orlando, 931 F.2d 764 (11th Cir. 1991). Because we reverse the summary judgment in favor of the County, we must reverse that portion of the order awarding the County attorney’s fees and costs.

Judgment affirmed in part and reversed in part; order awarding the County fees and costs reversed; and cause remanded.

. At oral argument, the County conceded that the documents were in McGowan's personnel files.

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