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409 So. 2d 1178

Lee v. Lee

District Court of Appeal of Florida

Decided February 17, 1982

District Court of Appeal of Florida · decided 1982-02-17

Decided 1982-02-17

PER CURIAM.

¶1AFFIRMED.

FRANK D. UPCHURCH, Jr. and COWART, JJ., concur.
DAUKSCH, C. J.,

¶2dissents with opinion.

¶3I respectfully dissent.

¶4In my opinion there is a genuine issue of fact as to whether James Lee knew, or under the circumstances should have known, that the property in question was partnership property. As the law requires, I have resolved all doubts and inferences in favor of the non-movant and am left convinced this case should not have been decided by summary judgment. I would reverse the summary judgment and have the case returned for trial. In that event, all the facts could be brought before a jury to determine the matter after resolving the conflicts in the evidence.

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