GEDMAN CORPORATION AND GERALD DEVINS, APPELLANTS,
v.
ANN WEITZMAN, APPELLEE
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The court reversed summary judgment against Gedman Corporation's quiet title claim because material factual disputes remained, while affirming summary judgment against co-appellant Devins due to credibility issues.
Summary judgment against Gedman Corporation must be reversed because the appellee failed to affirmatively demonstrate the absence of a genuine issue of material fact regarding Gedman's claim to legal title.
[1] Summary judgment in a quiet title action is improper when the record contains evidence that the plaintiff continuously claimed legal title and the validity of that claim…
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Join FLexlaw to unlock all legal intelligenceGedman Corporation and Gerald Devins appealed summary judgment entered against them in an action to quiet title to real property, with Devins having g…
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PER CURIAM.
We reluctantly reverse the entry of summary judgment entered against the appellant Gedman Corporation in this action to quiet title to a parcel of real property.
Our reluctance is predicated partially upon the reflection in the record of obvious attempts by appellant Gerald Devins to fashion his testimony in various lawsuits to suit his interests as he apparently then perceived them. We believe the record supports the trial court’s entry of summary judgment against Devins.
On the other hand, we are unable to conclude on the basis of the record before us that the appellee Ann Weitzman has affirmatively demonstrated the lack of a genuine issue of material fact as to the claim of Gedman Corporation to title of the real property in interest. Despite the existence of substantial evidence in support of appellee Weitzman’s claim to the property, there is some evidence in the record suggesting that Gedman Corporation has claimed legal title to the property in question at all times material to this action and that the validity of its claim has never been properly litigated.
Accordingly, we affirm the trial court’s entry of summary judgment against the claim of appellant, Gerald Devins, but reverse the summary judgment entered against appellant Gedman Corporation and remand for further proceedings consistent herewith.
ANSTEAD, C.J., and DOWNEY and DELL, JJ., concur.