Flinn v. Shields

District Court of Appeal of Florida

Decided December 8, 1987

District Court of Appeal of Florida · decided 1987-12-08

Relies on 384 So. 2d 1341 - Nessim v. DeLoache

Good law ✅— No negative treatment on recordhow we know

Decided 1987-12-08

How this case has been cited

Cited by 7 later decisions — most recently August 2018

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PER CURIAM.

¶1Plaintiff appeals a summary judgment entered in favor of the defendants in an action charging fraud and conspiracy. The record on appeal discloses that there are genuine issues of material fact which have not been eliminated by the movants for summary judgment. See Nessim v. DeLoache, 384 So.2d 1341 (Fla. 3d DCA 1980).

¶2Reversed and remanded for further proceedings.

¶3HENDRY and FERGUSON, JJ., concur.

SCHWARTZ, Chief Judge

¶4(dissenting).

¶5Assuming the very doubtful proposition that the plaintiff had stated any cognizable claim for relief, I think it clear that its factual non-existence was established beyond genuine issue and as a matter of law. I would affirm.