ALVIN FISHER, M.D., APPELLANT,

v.

EDWARD I. HEILBRONNER; SPARBER, ZEMEL, ROSKIN & HEILBRONNER, P.A.; SPARBER, SHEVIN, SHAPO & HEILBRONNER, P.A.; AND AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, APPELLEES

Fla. 3d DCA | 1983-02-01

No. 82-757

Before HUBBART and BASKIN and DANIEL S. PEARSON, JJ.

425 So. 2d 667 Florida District Court of Appeal, Third District (1983) Positive Treatment

Cited by 1 case

Topics

Summary Judgment Standard Proximate Cause Summary Judgment Standard Of Review

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Opinion of the Court

PER CURIAM.

Guided by the well-established principles that in determining the propriety of the entry of a summary judgment, we must view the facts in a light most favorable to the party against whom judgment has been entered, McGahee v. Dade County Board of Public Instruction, 279 So. 2d 87 (Fla. 3d DCA 1973), and indulge all proper inferences in favor of such party, Thermo Air Contractors, Inc. v. Travelers Indemnity Co., 277 So. 2d 47 (Fla. 3d DCA 1973), we are compelled to conclude that the appellees have failed to show conclusively, as they must, Visingardi v. Tirone, 193 So. 2d 601 (Fla.1967), that there were no genuine issues of material fact as to whether the appellees undertook to represent or did in fact represent the appellant; the appellees breached the duty which arose out of that representation; and the appellees’ breach proximately caused damage to the appellant. Accordingly, the summary judgment entered in favor of the appellees is reversed and the cause remanded.

Reversed and remanded.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

DeMARIE v. Jefferson Stores, Inc., 442 So. 2d 1014 (Fla. 3d DCA 1983)

…bona fide termination of the prosecution in DeMarie’s favor, entered a summary judgment for Jefferson Stores, Inc. DeMarie appeals, and we affirm. We view, as we must, the evidence most favorably to the appellant. See, e.g., Fisher v. Heilbronner, 425 So. 2d 667 (Fla. 3d DCA 1983). The record reflects that on the morning of February 15, 1981, DeMarie went to a Jefferson store and purchased several household items, including wall fasteners commonly used to insert screws in plaster walls. The cost of the fast…

Authorities Cited

Visingardi v. Tirone, 193 So. 2d 601 (Fla. 1966)
Thermo AIR Contractors, Inc. v. The Travelers Indem. Co., 277 So. 2d 47 (Fla. 3d DCA 1973)
McGAHEE v. The Dade Cnty. Bd. OF Pub. Instruction, 279 So. 2d 87 (Fla. 3d DCA 1973)

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