RIC-REC, INC., APPELLANT,
v.
CAPRI GARDENS CONDOMINIUM, INC., APPELLEE
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HENDRY, Judge.
Ric-Rec, Inc., appellant/defendant, seeks review of the trial court’s order of summary judgment which declared that Ric-Rec, Inc. be prohibited from increasing or escalating the recreational rental payments for the balance of the term of the recreational lease between the parties. Appellant submits, inter alia, that the record in the cause does not support a summary judgment in favor of the appellee/plaintiff on the basis that the evidence contained therein is susceptible of conflicting inferences; we agree. Titan Agencies, Inc. v. S. Kornreich & Sons, Inc., 355 So. 2d 457 (Fla. 3d DCA 1978); Warren v. Bill Ray Construction Co., Inc., 269 So. 2d 25 (Fla. 3d DCA 1972); Liberty Mutual Insurance Company v. Stuckey, 220 So. 2d 421 (Fla. 4th DCA 1969).
Reversed and remanded with directions to, vacate the order of summary judgment and to proceed with the cause.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fadia Daneri v. Bcre Brickell, LLC, 79 So. 3d 91 (Fla. 3d DCA 2012)…t 878 (reversing summary judgment because determining whether a violation of the statute had occurred required “the court to first determine whether the purchasers were in default under their contracts”); Ric-Rec, Inc. v. Capri Gardens Condo., Inc., 379 So. 2d 407, 408 (Fla. 3d DCA 1980) (reversing summary judgment because the record evidence was “susceptible to conflicting inferences”). Accordingly, we reverse the trial court’s summary judgment with respect to count III, because BCRE failed to demonstrate b…
Authorities Cited
- Warren v. Bill RAY Constr. Co., Inc., 269 So. 2d 25 (Fla. 3d DCA 1972)
- Titan Agencies, Inc. v. S. Kornreich & Sons, Inc., 355 So. 2d 457 (Fla. 3d DCA 1978)
- Liberty Mut. Ins. Co. v. Stuckey, 220 So. 2d 421 (Fla. 4th DCA 1969)