Public-domain · open source
OpenJurist

531 So. 2d 731

531 So.2d 731

13 Fla.L.Weekly 2068

Westphal v. Morrow

District Court of Appeal of Florida

Decided August 31, 1988

District Court of Appeal of Florida · decided 1988-08-31

Relies on Durbin Paper Stock Co. v. Watson-David Insurance Company · 416 So. 2d 478 - Erwin v. Scholfield · Wolfe v. Aetna Ins. Co.

Decided 1988-08-31

PER CURIAM.

¶1We reverse and remand for a new trial on all issues. Specifically, we believe it was error for the trial court to enter summary judgment in advance of trial on the appellant’s claim for rescission. See Durbin Paper Stock Co. v. Watson-David Insurance Co., 167 So.2d 34 (Fla. 3d DCA 1964); Erwin v. Scholfield, 416 So.2d 478 (Fla. 5th DCA 1982); Wolfe v. Aetna Insurance Co., 436 So.2d 997 (Fla. 5th DCA 1983).

¶2We decline to rule on the other issues raised on appeal because we consider them moot in light of our reversal on the summary judgment issue and direction that there be a new trial.

DOWNEY, ANSTEAD and LETTS, JJ., concur.
/531/so2d/731 · .json · Public domain