ROBERT J. LEE, APPELLANT,
v.
JAMES LEE, ORIE LEE, LOUISE LEE, LAURA HILL AND HARRIS HILL, APPELLEES
PER CURIAM.
AFFIRMED.
FRANK D. UPCHURCH, Jr. and COWART, JJ., concur.
DAUKSCH, C. J.,
dissents with opinion.
I respectfully dissent.
In 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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Laurel D. Schutz v. Schutz, 581 So. 2d 1290 (Fla. 1991)…nurture the relationship between the child and the noncustodial parent. See Schütz v. Schütz, 522 So. 2d at 875; Gardner v. Gardner, 494 So. 2d 500, 502 (Fla. 4th DCA 1986), appeal dismissed, 504 So. 2d 767 (Fla.1987); In re Adoption of Braithwaite, 409 So. 2d 1178, 1180 (Fla. 5th DCA 1982). This duty is owed to both the noncustodial parent and the child. This obligation may be met by encouraging the child to interact with the noncustodial parent, taking good faith measures to ensure that the child visit and o…
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In re the Adoption OF John DOE v. DOE, 524 So. 2d 1037 (Fla. 5th DCA 1988)…re Guardianship of D.A. McW., 429 So. 2d 699 (Fla. 4th DCA 1983) approved, 460 So. 2d 368 (Fla.1984). . See Webb v. Blancett, 473 So. 2d 1376 (Fla. 5th DCA 1985); Hinkle v. Lindsey, 424 So. 2d 983 (Fla. 5th DCA 1983); In re Adoption of Braithwaite, 409 So. 2d 1178 (Fla. 5th DCA 1982). . Webb, supra.; see Turner v. Adoption of Turner, 352 So. 2d 957 (Fla. 1st DCA 1977). . Fla.R.App.P. 9.030(a)(2)(B)(i).…
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