RUDOLPH J. WESTPHAL, APPELLANT,
v.
CHARLES MORROW, JR., JACK E. HOBECK, PALM BEACH CUSTOM KITCHENS, INC., MORROW & HOBECK, INC., AND ROY G. SEARS, APPELLEES
RUDOLPH J. WESTPHAL, APPELLANT,
CHARLES MORROW, JR., JACK E. HOBECK, PALM BEACH CUSTOM KITCHENS, INC., MORROW & HOBECK, INC., AND ROY G. SEARS, APPELLEES
531 So. 2d 731
Florida District Court of Appeal, Fourth District (1988)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We reverse and remand for a new trial on all issues. Specifically, we believe it was error for the trial court to enter summary judgment in advance of trial on the appellant’s claim for rescission. See Durbin Paper Stock Co. v. Watson-David Insurance Co., 167 So. 2d 34 (Fla. 3d DCA 1964); Erwin v. Scholfield, 416 So. 2d 478 (Fla. 5th DCA 1982); Wolfe v. Aetna Insurance Co., 436 So. 2d 997 (Fla. 5th DCA 1983).
We decline to rule on the other issues raised on appeal because we consider them moot in light of our reversal on the summary judgment issue and direction that there be a new trial.
DOWNEY, ANSTEAD and LETTS, JJ., concur.
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- Durbin Paper Stock Co., Inc. v. Watson-David Ins. Co., Inc., 167 So. 2d 34 (Fla. 3d DCA 1964)
- Erwin v. Morgan Scholfield and Doris D. Scholfield, 416 So. 2d 478 (Fla. 5th DCA 1982)
- Wolfe v. AETNA Ins. Co. & Ricker-Horn, Inc., 436 So. 2d 997 (Fla. 5th DCA 1983)