JOSEPH ROGER GOSSELIN, FLORENCE GOSSELIN, HIS WIFE, AND BEVERLY GOSSELIN, APPELLANTS,
v.
RICHARD A. BURT, APPELLEE

Fla. 3d DCA | 1982-07-06
No. 82-440
Before HUBBART, C. J., and SCHWARTZ and JORGENSON, JJ.
418 So. 2d 286 Florida District Court of Appeal, Third District (1982) Caution
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the partial summary judgment determining liability, as it is apparent from this record that there are genuine issues of material fact to be determined. Holl v. Talcott, 191 So. 2d 40 (Fla.1966).

On remand, the trial court is directed to discharge the equitable lien included in its order granting motion for partial summary judgment. Overholser v. Walsh & Nottebaum, 362 So. 2d 471 (Fla. 3d DCA 1978).

Reversed and remanded for further proceedings.


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  • Buford A. Green v. State, 450 So. 2d 1275 (Fla. 5th DCA 1984)
    …the appellant that concurrent sentences for identical terms of years compel presentence jail time credit on each sentence. Nothing in section 921.161, Florida Statutes (1981), requires, or even suggests, this construction. We held in Fenn v. State, 418 So. 2d 286 (Fla. 5th DCA 1982), that where there are two sentences for two crimes, the credit for presentence jail time need not be allocated to both of those sentences. We made no attempt in Fenn to distinguish between consecutive and concurrent sentences. T…
  • Shepard v. State, 459 So. 2d 460 (Fla. 3d DCA 1984)
    …pellant that concurrent sentences for identical terms of years compel presentence [sic] jail time credit on each sentence. Nothing in section 921.161, Florida Statutes (1981), requires, or even suggests, this construction.1 We held in Fenn v. State, 418 So. 2d 286 (Fla. 5th DCA 1982), that where there are two sentences for two crimes, the credit for pre-sentence jail time need not be allocated to both of those sentences. We made no attempt in Fenn to distinguish between consecutive and concurrent sentences.…
  • MAY v. State, 475 So. 2d 1004 (Fla. 5th DCA 1985)
    …on each of concurrent sentences for identical terms of imprisonment. See Green v. State, 450 So. 2d 1275 (Fla. 5th DCA 1984); Amlotte v. State, 435 So. 2d 249 (Fla. 5th DCA 1983), affirmed on other grounds, 456 So. 2d 448 (Fla.1984); Fenn v. State, 418 So. 2d 286 (Fla. 5th DCA 1982). AFFIRMED. COBB, C.J., and ORFINGER and CO-WART, JJ., concur.…

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