LOUIS BRICKELL AND ANN BRICKELL, HIS WIFE, APPELLANTS,
v.
HOLLYWOOD, INC., A FLORIDA CORPORATION AND STANLEY M. BECKERMAN, AS ESCROW AGENT, APPELLEES
LOUIS BRICKELL AND ANN BRICKELL, HIS WIFE, APPELLANTS,
HOLLYWOOD, INC., A FLORIDA CORPORATION AND STANLEY M. BECKERMAN, AS ESCROW AGENT, APPELLEES
436 So. 2d 276
Florida District Court of Appeal, Fourth District (1983)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The critical issue in this case is whether the appellants exercised good faith in their attempt to sell their home and thereby qualify for a mortgage-loan for the purchase of another residence. Since the resolution of this issue involves disputed issues of fact, the trial court’s entry of summary judgment cannot be sustained. See Unijax, Inc. v. Factory Insurance Association, 328 So. 2d 448 (Fla. 1st DCA), cert. denied, 341 So. 2d 1086 (Fla.1976).
REVERSED and REMANDED.
ANSTEAD, C.J., HURLEY, J., and WES-SEL, JOHN D., Associate Judge, concur.
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Citator
Cited By
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McCALL v. State, 684 So. 2d 260 (Fla. 4th DCA 1996)…o. 2d at 17. This court has held that it is not necessary to require a strip search of the confidential informant immediately before and after a controlled buy in order to establish the credibility of the informant’s information. See State v. Adams, 436 So. 2d 276 (Fla. 4th DCA 1983). On the other hand, in Delacruz v. State, 603 So. 2d 707 (Fla. 2d DCA 1992), the absence of any search, whatsoever, of the confidential informant, prior to or after the buy, led the trial court to conclude that the buy was not su…
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Lees v. Pierce, 648 So. 2d 839 (Fla. 5th DCA 1995)…Trust Corp., 610 So. 2d 531 (Fla. 5th DCA 1992); Snow v. Byron, 580 So. 2d 238 (Fla. 1st DCA 1991); Barnes v. Camden Realty, Inc., 578 So. 2d 20 (Fla. 1st DCA 1991); Bruce v. O’Neill, 445 So. 2d 379 (Fla. 4th DCA 1984); Brickell v. Hollywood, Inc., 436 So. 2d 276 (Fla. 4th DCA 1983); Pledger v. Burnup & Sims, Inc., 432 So. 2d 1323 (Fla. 4th 1983). The burden of proof to show that there are no triable issues and no genuine issue of material fact is on the moving party in a motion for summary judgment. Holl v.…
Authorities Cited
- Unijax, Inc. v. Factory Ins. Ass'n, 328 So. 2d 448 (Fla. 1st DCA 1976)